January 4, 2010

Man Files $30 Million Negligence Lawsuit After Contracting HIV

34-year-old Percy Whiteman of Toronto is filing a $30 million lawsuit against his HIV-positive ex-wife, Thai-born Suwalee Iamkhong, along with the Canada Border Services Agency, Immigration Canada and the Zanzibar Tavern—where she worked as a stripper—for negligence, claiming that failure to test her when she arrived in Canada in 1995 led to his contracting the virus, Canoe.com reports. Iamkhong’s lawyers are fighting to have the lawsuit dismissed.

“The government failed to conduct an HIV test,” said Whiteman’s lawyer, Maurice Benzaquen. “Percy is suffering from this illness because the government failed to protect him.”

The case is the first filed against federal immigration authorities over a lack of HIV tests, which are now mandatory in Canada for immigrants older than 15.

According to the article, Whiteman married Iamkhong in 1997. She was a go-go dancer and sex worker in Hong Kong before immigrating to Canada, and they divorced in 2004 when she told him she was HIV positive. In 2007, Iamkhong was sentenced to two years in prison after being convicted of criminal negligence causing bodily harm. She appealed her sentence and had it reduced to two years less a day, which allowed her to appeal a deportation order.

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Previous Comments:

Mariah, St Louis, 2010-10-20 14:21:41
i cant believe thsi guy. i think he needs to GET A LIFE. like come on yoo stuck your "thing" inside her. the government didn't put a gun up to his head and tell him to do this. i comprehend that he is upset because of the situation, but when before they had sexual intercourse they should of gotten tested. didnt he learn from all the sex ed classes in high school, or did he just F that up too ??! . ..impossible to understand!

Frederick Wright, tampa, 2010-03-02 13:40:57
Very sad He needs to blame someone for his sexual act. I hope he gets over the blame and takes some meds. I sure he will learn that being HIV has a few problems of it's own in his new life as an HIVER.

Rob C, Miami, 2010-02-05 21:41:26
RIDICULOUS! This man should be put in prison for filing a frivolous lawsuit. We all are responsible for our own actions. He chose to marry a former sex worker. He chose not to get her tested along with himself before engaging in unprotected sex. This is terrible. HIV+ shouldn't be vilified like this. Negligent negative people have to have responsibility in contracting HIV. This man is wasting the court's time and should be punished.

grace, , 2010-01-30 00:50:48
Oh the blame game. Is it her fault? His? The government's? Or are we just fallible humans, trying to make our way sexually in a world ruled by shame, puritanism, and mysogyny? I am in awe of poz people still willing to profile who gets this and who doesn't. Sometimes a sex worker is more saavy with condoms then a housewife, but she gets it because she thinks she isn't in a 'high risk' group. Unprotected sex with one man, or protected sex with many? Which is more dangerous? madonna/whore? please.

Blaine, Dallas, 2010-01-21 18:11:10
Another example of people not wanting to take responsibility for their own ignorance. You chose her, you chose unprotected sex, get over it.

Reba54, Smithfield,N.C., 2010-01-11 02:05:31
This is bull butter.His government should not be held accountable,because he was stupid enough to have unprotected sex with a stripper. This he did knowing full well he could contract anything,not just HIV from her. He sure wasn't thinking that he could give her anything including a child.Would the government them be responsible because he got her pregnant?

Maya, , 2010-01-10 15:00:51
How does he know he didn't have HIV and gave it to her? I highly doubt he was a virgin in the priesthood when he met her. And how is it the governments fault that he entered into a sexual relationship and marriage without finding out a woman's status, especially knowing she was a sex worker.

John, , 2010-01-07 16:26:28
anyone that has anything to do with stripers and Go Go dancers from Thai land and didnt expect this. he sonds like a horrable person in the first place just trying to make a buck and im sure he is someone that dosent even work in the first place people always love to blame someone else for there slezy actions he contracted it and he wwas probally with hundreds of stripers and girls like this in the first place

Fred Meikle, London Canada, 2010-01-06 12:53:29
This guy is an A-Hole...when did it become the responsibility of Governments to protect us from an STI? Grow the F up and accept responsibility for your own actions. Is this unfortunate? Yes. Did this man go with his potential partner and get tested together prior to having unprotected sex? A long time ago I heard "But we're not all stupid! We don't all need nurse-maiding. I mean, why not just have a Stupidity Tax? Just tax the stupid people!". IDIOT

Michelle Lopez, Brooklyn, 2010-01-06 09:05:36
Oh, this lawyer that represents this woman better get the facts right. First what proof he has that she is the one that infected him, he has a sexual history that no one in society knows, second it is a shame that the government in Canada has this law knowing the sexual appetite of humans. When you get into a relationship with someone you are not intentional to spread HIV especially if you don't know your HIV status, how about Canada implementing "Routine HIV Testing" for all.

Iamstone, Mulberry AR., 2010-01-06 08:16:12
Personally I am sorry anyone is infected with HIV.However, that being said He was responsable for his own actions.He knew she was a go-go dancer and former sex worker.Common sense should have told him she should be tested before marraige.Her in the US.It is my understanding before people can be married the man and woman both go through blood work before they can get their license for marriage,which tests for everything in order to prevent something being hid.

robbyq2000, AZ, 2010-01-05 17:10:00
“Percy is suffering from this illness because the government failed to protect him.” And what exactly did Percy do to protect himself?

Scott Hendrix, San Diego, CA, 2010-01-05 15:16:27
This is what you get when HIV POZ people are demonized and treated as Lepers. Lawsuits, criminal prosecutions, hate crimes, hiv denial, and people will start to not get tested because they will not want to know and be subjected to this type of treatment. We must as a POZ group stand up for our rights, write and talk to your senators and congressmen, write the president whatever you think will help to stop these HIV Prosecutions and Lawsuits. They spead fear/hate/shame onto POZ people.

lionhead, marin, 2010-01-05 14:53:14
The fact that this man married a stripper and sex perveyor is a admission to the same oversight of the Canadian goverment for not testing his exwife for HIV when entering the country? Doesn't the Canadian goverment require blood testing for marriages?And if so,why did he not have the same test done himself?As far as I am concerened,he is negligent in part for his own health and well being.Did Percy not know of her past in Thailand,where most young women are abducted or traded into sex slavery

K Graham, NY, 2010-01-05 12:01:35
It takes two. They should have gotten tested as a couple -- before they engaged in unprotected sex. This lawsuit is a waste of time and further demonizes people with HIV. And really, do we want the government involved in every aspect of our lives?