A Pennsylvania woman who sued her ex-boyfriend for allegedly giving her herpes lost her appeal Wednesday, according to reports.
Sheryl Smith sued her ex-boyfriend, Andrew McGill Whelan, in 2011 for negligence, fraud and misrepresentation, the AP reported. She claimed he didn't tell her he had genital herpes before they had sex in 2008, according to the AP.
A federal judge last year sided with Whelan, saying Smith didn’t file her lawsuit in time. Smith appealed that ruling, but a federal appeals court this week upheld it, the AP reported.