In a landmark case, an Oregon woman has received a $900,000 personal injury award from a man she met through an online dating service, had a brief sexual relationship with, and then he told her – afterwards – that he had herpes and subsequently transmitted the disease to her, according to the Washington Post and the Oregonian.
The case is considered a rare one as sexually transmitted disease cases rarely go to trial. The only cases that have been reported by the media are ones that involve celebrities.
The woman used a pseudonym in the suit. She is 49 year's old and met the man, a 69 year-old retired dentist, while on the internet dating site, eHarmony.
During her testimony, the woman claimed that within weeks after their fourth date and first sexual encounter, she began to experience painful herpes outbreaks, and later, depression due to the incurable nature of the disease.
The $900,000 award is thought to be the largest so far in the state of Oregon for this type of lawsuit. Earlier, in 1996, a similar case resulted in a $550,000 settlement for the plaintiff.
Because of a victim's embarrassment, according to the woman's attorney Randall Vogt, most cases like this are uncommon. Cases such as these, he continued, are difficult to prove and only make sense to pursue if the defendant has the means to pay a judgment.
The dentist also remains anonymous in the suit. Allegedly he's had herpes since 1991. He testified that he was unaware that he could be contagious if he didn't have an outbreak.
According to the Centers for Disease Control and Prevention transmission can occur whether or not the infected person has visible sores.
The woman sought damages for negligence and battery. The battery allegation was due to the woman's belief that the man intentionally engaged in sexual activities that harmed the woman.
The jury found the woman 25 percent responsible and the man 75 percent responsible in regards to the negligence claim.
One juror told reporters, "We all felt he should have told her. He had the responsibility to tell her."
Shawn Lillegren, the man's lawyer, said that the woman should have demanded that his client wear a condom. Vogt argued that the woman did give the man a condom to put on, however, "the advance overtook her too quickly."
After the sexual encounter, while the two lay in bed, the man confessed to having herpes.
Lillegren further stated that the woman was after the money alone. Lillegren allegedly told reporters, "Go for a million — that's plaintiff's message. God bless America. Go for it…"
On May 25, 2010 the woman had an examination that determined she was healthy. Two weeks after having sex with the man she was diagnosed with genital herpes.
If you have been made to suffer, physically or emotionally, due to the hurtful actions of another party, contact a personal injury lawyer. A lawsuit can be filed, your anonymity can remain intact, and a monetary award made possible.