Oregon Woman Wins $900,000 Settlement After Lover Fails to Tell Her He Had Herpes
- Posted on June 7, 2012 at 7:25am by
Liz Klimas
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PORTLAND, Ore. (The Blaze/AP) — If one has a sexually transmitted disease, are they legally obligated to inform potential partners? This was the crux of a case presented to an Oregon jury.
The 49-year-old woman, who filed the suit under a pseudonym, testified last week that she suffered painful outbreaks and spiraled into depression following a sexual encounter with the 69-year-old retired dentist she met through the dating website eHarmony.
“I told the jury he’s dangerous, and I believe he is,” said Randall Vogt, the attorney for the woman, who declined to be interviewed.
The jury agreed. The woman was awarded $900,000 the in a rare case.
Watch this KATU-TV report:
High-profile lawsuits accusing celebrities of herpes transmission have been in the news for a quarter-century, but such lawsuits remain relatively rare and typically do not go to trial. According to the website “Herpes News,” in a 1987 case, the court upheld the right of a wife to sue her former husband for failing to disclose he had herpes. Still, some lawyers argue that in not asking and/or failing to use a prophylactic means each party should assume the risks.
The award issued Friday is believed to be the largest of its kind in Oregon. A similar 1996 case ended in a $550,000 settlement.
Vogt said the cases are uncommon because they are difficult to prove and typically embarrassing for the claimants. Moreover, it does not make sense to pursue a civil lawsuit unless the defendant has the money to pay a potential judgment.
The retired dentist, whose name was also omitted from the lawsuit, has had herpes since 1991. He testified he did not know he was contagious because he was not experiencing an active outbreak at the time the pair had sex, which was during their fourth date.
Roughly 1 of 6 adults in the United States has genital herpes, and transmission can occur regardless of whether infected persons have visible sores, according to the Centers for Disease Control and Prevention.
The suit alleged negligence and battery. On the question of negligence, the jury found the man 75 percent responsible and the woman 25 percent. The jurors determined the dentist committed battery because he intentionally engaged in an activity that harmed his date.
“We all felt he should have told her,” juror Noah Brimhall told The Oregonian newspaper. “He had the responsibility to tell her.”
The dentist’s attorney, Shawn Lillegren, argued that the woman was negligent because she did not demand that his client wear a condom. He also portrayed the woman as greedy in his closing argument to jurors.
“Grow up. Come on. You’re an adult. He’s an adult. They had sex,” Lillegren said in The Oregonian. “The point is she is not some little innocent victim.”
“Go for a million — that‘s plaintiff’s message,” he continued in The Oregonian. “God bless America. Go for it. Got some coffee to spill on me?”
Lillegren did not respond to a request for comment Tuesday; it was unknown whether his client is considering an appeal.
Vogt said his client handed the dentist a condom, but he did not wear it and “the advance overtook her too quickly.”
Later, while the two were lying in bed, the man told the woman he had herpes, Vogt said. She asked him to leave.
The woman received a clean bill of health a few months before having sex with the man on May 25, 2010, and tested positive for herpes less than two weeks later. Vogt said the quick medical test was crucial in proving the case.
Besides suffering from painful outbreaks, Vogt said his client eventually lost a job because of her depression. The viruses that cause herpes are incurable, though symptoms can be managed with medication.
“It made her feel like she needed to isolate herself from society, and she became a recluse,” he said. “She was interested in finding a husband but pretty much dropped efforts in that direction because of the herpes.”
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Comments (56)
catholicschoolmom
Posted on June 7, 2012 at 3:56pmThat is what happens to immoral losers who do the Internet dating. They will probably make an ewhorewithstdwhodate.com website. Promiscuity is disgusting. Whores are disgusting. God made std for a reason.
Report Post »woebegone
Posted on June 7, 2012 at 4:48pmStop it.
Report Post »darthtyran
Posted on June 7, 2012 at 7:33pmGOD did not make STDs…GOD is good all the time and would never do such a thing…This came from the lust of the flesh and sin. GOD turns people over to a reprobate mind and lets them do as they pleas under free will. We are warned about being moral and keeping ourselves clean. For example: the Bible instructs us to bury bodily waste…During the plague in Europe they had open sewers where people would dump chamber pots and it would flow here and there. GOD had nothing to do with the outbreakes stupid behavior such as this and killing cats contributed to their demise. STDs…the Bible claims that their sins will be known…
Report Post »black9897
Posted on June 8, 2012 at 10:19amYeah, God never created STD’s. They are a result of the fall and sin being in the world. And we wonder why God set up marriage from the beginning to be between one man and one woman. And he warns against sleeping around.
Report Post »GeneralQuarters
Posted on June 7, 2012 at 3:46pmI may not agree with this woman’s bad judgement, however, it should be a crime to knowingly pass on a disease to another person. Guy should be in jail too.
Report Post »GeneralQuarters
Posted on June 7, 2012 at 3:27pmShe was interested in finding a husband but pretty much dropped efforts in that direction because of the herpes.”
So your looking for a husband by taking them all to bed? Sounds kind of shallow to me. Four dates is not enough time to know a person before doing something like that. A few months later she repeats the same misstep. Oh well, you play, you pay.
Report Post »RamonPreston
Posted on June 7, 2012 at 2:12pmIf we had just ONE moral generation all venereal deseases would disappear. You danced to the music so pay the piper.
Report Post »AmazingGrace8
Posted on June 7, 2012 at 2:01pmThe president’s comment about his daughters getting pregnant and be “punished” with a baby, well ,this lady was not punished with a baby. She “inherited” an advance…why? The post said the woman “handed” the “dentist” (not man) a condom but he did not wear it. Then it gets into “the victim” scene when she said….”the ADVANCE (does she mean the male weapon) “overtook” her too quickly. Me thinks, the consensual assault was advancing and she knew (sounds like she was not a virgin) the end result of the encounter of having sex without marriage-bed. Dumb verdict.
Report Post »RamonPreston
Posted on June 7, 2012 at 2:14pm49 years old and a virgin? Not likely.
Report Post »Sara123
Posted on June 7, 2012 at 1:44pmFree sex is not free afterall? Could liberals be big fat liars in their politically correct religion of deceiptful amorality? Don’t tell me that could happen! Maybe we can sue school teachers that encourage children to engage in deadly sexual behavior in the name of gay pride?
Report Post »Searchingforthelight
Posted on June 7, 2012 at 1:20pmUnfortunately these days a trip to the family doctor for both parties is advised before marriage counseling and marriage. You wouldn’t believe what can be picked up off a public toilet seat as well.
Report Post »Independent4233
Posted on June 7, 2012 at 1:38pmEngaging in unprotected sodomy is rampant among the homosexual community, and I’m expecting to see a lot of civil cases wherein it will be cited as cause for the epidemic of anal herpes and parasitic infections among homosexuals.
Frankly, I think the only reason we haven’t seen it before now is that both partners are equally guilty of spreading one disease or another, so any kind of legal tort they might bring is neutralized by their own irresponsibility.
The tragedy here is when they might have an occassional heterosexual experience which spreads diseases, mostly exclusive to their group, among the general population.
Report Post »AlansTigg
Posted on June 7, 2012 at 12:33pmI agree that engaging in unprotected sex with someone you barely know is willingly risking your health (which is stupid), that being said KNOWINGLY engaging in unprotected sex when you have an STD is criminal. This isn’t about morals, though we do need to be more moral as a people, it is about intentionally endangering another’s health
Report Post »Libertyluvnmomma
Posted on June 7, 2012 at 12:13pmFrankly any man or woman who is in the dating cycle should just assume that the other is single for one reason or another!
I believe any confirmed bachelor over 35 is either gay or has herpes.
Report Post »that is just me and it will keep me out of trouble forever.
TRILO
Posted on June 7, 2012 at 10:23amSorry the blame is 50/50. Because she failed in her due dilegence to ask and demand he wear a condom she too is at fault. If he were not a dentist who I guess had some wealth to get at, I’m sure she would never have filed the lawsuit. Obviously people get STD’s every day because of careless encounters. Now lawsuits will be set in motion all across the country.
I wonder if the case was reversed, would the man have received the settlement? Doubt it.
Just like the new NFL players lawsuit, it is always the other parties fault for your injuries.
Report Post »woebegone
Posted on June 7, 2012 at 10:30amThe jury assigned her 25% blame which is about right. Due diligence? They dated 4 times prior to having sex! Your comment just proves how infantile men can be–take some responsibility for your own sexuality! and your potential for causing on going harm. Honestly, maybe you should convert to Islam, it certainly celebrates your point of view.
Report Post »perry1980
Posted on June 7, 2012 at 10:21amWhy is a dating site responsible for the man having and trasmitting herpes?
Report Post »instead of jumping in the sack with the guy how about you date him for a while and learn a little about him.
Typical Victim. It’s always somebody elses fault.
hatchetjob
Posted on June 7, 2012 at 11:01amNo kidding, the story says she’ll stop looking for a husband now because of the herpes. So was she planning on sleeping around like this and then nab a husband? Society has gotten so trashy.
Report Post »woebegone
Posted on June 7, 2012 at 9:19amGood for her! Not only did he not tell her, he didn’t wear a condom. All these posters who think she should have insisted, well OK maybe so. BUT he had the disease, he didn’t tell her, and HE didn’t wear a condom. I’d say the jury got it right. God save us all from infantile men!
Report Post »tommyg524
Posted on June 7, 2012 at 9:16amI caught a cold from a worker once, can i sue her? It was back in 1996 or so.Someone let me know ok.
Report Post »Darla_K
Posted on June 7, 2012 at 9:25amDid it leave you with permanent damage? I think not.
Report Post »Legalette
Posted on June 7, 2012 at 8:58amA condom is not necessarily going to protect you from herpes!
Report Post »TyrannyNoMore
Posted on June 7, 2012 at 8:36amIn reference to that other Blaze story, the one where that Muslim cleric said homosexuality is caused by a worm in one’s butt; Does the precedent set in this herpes case now mean that gay men have to inform their partners they have a worm in their as$, or risk being sued ?? Oh man, this world has surely gone crazy !
Report Post »EqualJustice
Posted on June 7, 2012 at 8:32amI thought all those “mediacl records” were so confidential and NO ONE could get them. Is that only if you have AIDS?
Report Post »TyrannyNoMore
Posted on June 7, 2012 at 8:30amThe factoid in this story that jumped out at me was this statement; that 1 in 6 people have genital herpes. I thought this to be a high number and looked it up. I was shocked to find out that not only was this statement accurate, but it may be as high as 1 in 5 people. That means if you have had say, 20 partners since high school, statistically speaking, at least four of those people had it and exposed you to herpes. Yikes ! I also read that chicken pox, herpes and shingles are all the same virus basically, with just slight differences at the molecular level.
Report Post »Cemoto78
Posted on June 7, 2012 at 9:02amThat means there are about 30 gals who owe me $900,000.00 each. Please send these checks to the Mitt Romney campaign, Tea Party express, Freedom Works, and to the NRA.
Report Post »Captain Curvy
Posted on June 7, 2012 at 12:00pmWell, I read that it was like 1 in 4, but of course if you break it down by race, there is a big difference. Whites are 17% Blacks are almost 50%……..So if you are White, date within your own race…..The CDC puts the info out there, but they don’t broadcast it!
Report Post »Darla_K
Posted on June 7, 2012 at 8:26amI do think he should of told her before their first sexual encounter, after all he did tell her after the fourth encounter. The choice should of been hers if she did indeed want to continue once he told her. People do have a respondsibility to let another know if he/she has a disease. This is no different than one that has aids and continues having sex without warning their partner. A disease is a disease no matter the severity. Why did he wait to tell her? Because he wanted to have sex with her 4 times before he told her. That is greedy.
Report Post »Yeshua2Come
Posted on June 7, 2012 at 8:22amThere are practical benefits for having morals too; not just separating oneself from the presence of God…..
For the wages of sin is “separation from God”, which is death, but the free gift of God is “relationship with God”, which is eternal life in Christ Jesus our Lord. Romans 6:23
Report Post »JustJason
Posted on June 7, 2012 at 8:13amThis is a dangerous road. Some european countries have a very liberal feminist slant on law. Some countries have decided the following. Sex between a man and female, the male has been determined to be the aggressive actor in the act. This determination was surmised because he is penetrating the female. So they conclude the condom is the sole responsibility of the male. Since he is the aggressor. If the condom breaks or falls off. Or if you go for round two while intoxicated without a condom, The man can be brought up on charges of rape.
A famous case everyone knows is that bastard Julian Asange. He had consentual sex with a female. The condom broke or they didnt have one for round two. She later filed charges and he was wanted for a sex crime, advertised as rape.
Report Post »sawbuck
Posted on June 7, 2012 at 8:09amWhat a CROCK…!
The only thing this woman should be awarded is ..
Is the most- gullible – bleached-blond-idiot -AWARD…!
A GUY Lies to get you…so he can ride bareback…what a shocker
How do you think “AIDS”… spread like wild-fire.
Its her own damn fault.. People don’t know what world their living in..
They are told …But they mock.. they say it wont happen to me…Then when it does.. They cry victim…!
And the liberal “everyone’s a victim JURY ” … gave it to her…
What happened to personal responsibility …?
This is right up there with the “Hot cup of coffee lawsuit ”
Report Post »Locked
Posted on June 7, 2012 at 8:43am@Sawbuck
“A GUY Lies to get you…so he can ride bareback…what a shocker
Its her own damn fault..”
Uh, by what you just said it is HIS fault. I agree with the jury. She should have asked; but he had the duty to tell her, or to wear a condom (which she gave to him). Mostly his fault – and knowingly infecting someone with a disease? Battery.
“This is right up there with the “Hot cup of coffee lawsuit ”
Oh, I didn’t realize you were a moron. Go read up on Liebeck v. McDonald’s and get a clue as to what “product safety” is. If you deliver a product that knowingly damaged a person’s health on purpose, yeah, darn right you should get sued.
Report Post »sawbuck
Posted on June 7, 2012 at 10:04am@Locked
Not a Mormon… Just someone that know what planet I’m living on and what year it is…And a healthy does of common sense…
If someone is going to be promiscuous ..and want to sleep around..
Yeah she “won” the settlement…
( lets see her collect off a guy ,with one foot in the grave )
~~~~~~~~~~~
the 69-year-old retired dentist she met through the dating website eHarmony.
~~~~~~~~~~~~
She wanted to get laid…instead she got screwed.
BTW…..I didn’t know you were a Moron…?
Report Post »Locked
Posted on June 7, 2012 at 10:17am@Sawbuck
“Not a Mormon… Just someone that know what planet I’m living on and what year it is…”
Illiterate too? Navigating online must be tough :-(
Did you know there are ways “to get laid” without getting an incurable disease? And that if you’re infected with one and knowingly give it to someone else, that’s grounds for a lawsuit? Well, once you learn to read, that’s exactly what this article will tell you!
Report Post »sawbuck
Posted on June 7, 2012 at 10:18amLocked…I thought you said Momon..WOW….Me the moron..?
Report Post »There is no help for you..
Only a bona-fide- liberal- blame everyone else ..has to have 100 warning labels on a step ladder…Because he has an IQ of a gnat…nanny-state loving…Big government protect me….comi bass-turd -puke would make such a comment as yours…Please exit the country and hop a plane to your Motherland.. Russia….
sawbuck
Posted on June 7, 2012 at 10:34amDid you know there are ways “to get laid” without getting an incurable disease? And that if you’re infected with one and knowingly give it to someone else
~~~~~
Again you showing sings of dementia …You knowingly admit to the world that it’s KNOWN even to the dimmest bulb…and you liba-tards…knowingly put your self in harms way…
What do you guys have attorney’s on retainer ..?
Report Post »I going with…I’ll take one for the team…
so we.. can pass a new law.. You commie’s are all the same
Help..! Help…! Save me from my stupidity…
hatchetjob
Posted on June 7, 2012 at 11:16amI agree with you SAWBUCK, there is way too much promiscuity in the U.S., a lack of morals.
Report Post »Locked
Posted on June 7, 2012 at 11:44am@Sawbuck
“Again you showing sings of dementia …You knowingly admit to the world that it’s KNOWN even to the dimmest bulb…and you liba-tards…knowingly put your self in harms way…”
Nice try, bud. She gave the guy a condom, and he didn’t use it, knowingly infecting her with a virus. What happened to personal responsibility? This guy knowingly harmed his partner. Are you saying he shouldn’t be taken to court?
Report Post »kaydeebeau
Posted on June 7, 2012 at 1:23pm@ Locked – if she gave him the condom and he refused to wear it, she should have refused to have sex with him. Who has sex with someone on the 4th date?
Report Post »Locked
Posted on June 7, 2012 at 1:47pm@Kaydee
I’ll ask you the same question:
“This guy knowingly harmed his partner. Are you saying he shouldn’t be taken to court?”
Report Post »deerfawn
Posted on June 7, 2012 at 8:04amanother reason to practice abstinence
Report Post »hatchetjob
Posted on June 7, 2012 at 11:19amAmen, and we reap what we sow.
Report Post »HorseCrazy
Posted on June 7, 2012 at 12:11pmyes and I made my husband test for STD’s before we married or consumated the relationship. I got the printout from the doctor and the all clear. Ladies take note guys too it isn’t taboo it is being smart about your health. What goes around comes around, literally.
Report Post »RamonPreston
Posted on June 7, 2012 at 2:07pmThat’s the solution! Why didn’t I think of it before?
Report Post »honor007
Posted on June 7, 2012 at 8:03amYou don’t wear a condom, you may die. period. Now, if my husband, that I was married to, gave it to me, that would be a lil’ different. No person, if they are single and unmarried should be rewarded for being irresponsible.
Report Post »EqualJustice
Posted on June 7, 2012 at 8:37amI thought about the condom use, too. Could she still get it if they used one and WHY on earth would he have sex with her and then tell her? Not to swiift…
Report Post »justangry
Posted on June 7, 2012 at 8:02amCan we replay the PSA about “raw dogging it”?
Report Post »johnjamison
Posted on June 7, 2012 at 7:53amWhile I personally think anyone who knowingly has a STD should be required by law to tell anyone they are thinking of having sex with about it. I still have to wonder if she doen’t share the blame for her disease as she never require he wear a condom.
Report Post »FantaGirl
Posted on June 7, 2012 at 8:42amRequiring a citizen to tell someone something by law is unconstitutional. We need less red tape. I do think that it is a moral obligation to tell your partner something such as this, but if you ever let the government decide what our morals should be, well that is a long and dangerous path. More people acted with dignity back when there were less laws concerning stupid details or trying to regulate something that should not be regulated by the government.
Report Post »Locked
Posted on June 7, 2012 at 8:51am@Fantagirl
“Requiring a citizen to tell someone something by law is unconstitutional.”
While I agree, if you knowingly cause harm to someone by refusing to tell them something (like in this case), we already have laws for that. The guy was tried and found guilty of battery and negligence.. Justice is served.
Report Post »johnjamison
Posted on June 7, 2012 at 9:49amFanta, while I want to agree with you,you have to realize that alot of people don’t have the financial ability to compensate for damages they cause by knowingly spreading their disease. So for alot of people can be apply at the very least a punishment. More over perhaps those people caught doing what this doctor did could be tattooed with their disease so that in the future sexual partners can be fully warned.
Report Post »What it that dentist had AIDS he would be committing manslaughter or maybe even murder depending on his intent. There needs to be laws to protect the citizens.