Yeah, the symptoms might go into remission, but you still have it, which means you can still transmit it, which means that if she wants to have children some time in her life she'll have to find someone who is willing to risk getting herpes in order to have children. She will certainly be not likely to be able to have a natural childbirth, to protect the infant.
Oh, and by the way, if you read the complaint, you'll find that he was unprotected during foreplay, she had asked him to put on a condom, and he did after some contact was made (just to be clear, according to the complaint she had asked before any contact was made).