Woman wins $900G in herpes case

PORTLAND, Ore. -- A jury awarded $900,000 to a woman who claimed a retired dentist infected her with genital herpes, in a rare case in which a dispute over a sexually transmitted disease went to a jury trial.

The woman, 49, filed the suit under a pseudonym and testified last week that she suffered painful outbreaks and spiraled into depression after a sexual encounter with the 69-year-old man she met through the dating website eHarmony.

"I told the jury he's dangerous, and I believe he is," said Randall Vogt, the woman's attorney. She declined to be interviewed.

Lawsuits accusing celebrities of herpes transmission have been in the news for a quarter-century, but such suits remain relatively rare and typically do not go to trial. 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. And 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 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 when the pair had sex during their fourth date.

About 1 of 6 U.S. adults has genital herpes, and transmission can occur regardless whether infected people have visible sores, according to the Centers for Disease Control and Prevention.

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. -- AP