VANCOUVER - The B.C. Court of Appeal says a man left paralyzed by a sexually-transmitted disease is entitled to a disability payment from his health insurance company and dismissed their appeal of the award.
Randolph Charles Gibbens, 45, contracted Type-2 herpes after having unprotected sex with three women in January and February 2003. Gibbens went to his doctor complaining of headaches and muscle pain but wasn't diagnosed. His doctor diagnosed a viral illness and prescribed symptomatic treatment.
Four days later, Gibbens went to a hospital emergency department, complaining of urinary retention, kidney pain and pelvic discomfort. He had been vomiting for two days and was very shaky and unco-ordinated. He was diagnosed with urinary retention, possible alcohol withdrawal and epigastric pain.
His health continued to deteriorate until Feb. 23, 2003, when he was left paraplegic.
The Type-2 herpes virus caused an inflammation of his spinal cord that caused total paralysis from mid-abdomen down.
