Ore. woman wins $900K in lawsuit over herpes claim

An Oregon jury has awarded $900,000 to a 49-year-old woman who claimed that a 69-year-old Portland man intentionally gave her a sexually transmitted disease after they met on an online dating website.

The Oregonian reports (http://is.gd/cdR7MI ) that it was the first time that a case of a person suing another for intentionally transmitting genital herpes went to trial in Oregon, according to lawyers. They say similar cases have been settled out of court.

The man testified he didn't know he was contagious. His lawyer argued that she was lying about her sexual history and may have had sex with other men who gave her the disease.

The woman from Beaverton, Ore., sued after she suffered repeated painful outbreaks of the disease. The jury award was for pain and suffering.

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Information from: The Oregonian, http://www.oregonlive.com

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Oregon woman wins $900K; says date gave her herpes

An Oregon jury has 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 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 man 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.

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. 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.

"Go for a million

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Georgia woman with flesh-eating disease in "critical" condition

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Parents read lips of woman with flesh-eating bug

The parents of a young Georgia woman battling a flesh-eating bacterial infection said Monday they've learned to read lips and are communicating with their daughter despite a breathing tube in her throat.

Speaking on NBC's "Today" show Monday, Andy Copeland said his daughter Aimee told them she was thirsty, and that ice cream was the first thing she wants when she's able to eat on her own.

"We just take it each day at a time," he said. "My daughter's strong, she really is."

Aimee Copeland, 24, has already lost most of her left leg and will lose her fingers. Doctors hope to save the palms of her hands, which could allow her to someday use prosthetics, her father said in an online update.

"Aimee is alert and trying to mouth questions," Andy Copeland wrote on a website created to provide updates to friends and supporters. "Her breathing tube has been reoriented to increase her comfort and allow them to try to read her lips. She said: 'I can't talk!' We told her it was because of the tube, and we explained the need for it. 'Take it out!' She also asked 'What happened?' and 'Where am I?'"

She contracted the rare infection, called necrotizing fasciitis, after falling from a broken zip line and gashing her leg on May 1.

She was in critical condition Monday in the Joseph M. Still Burn Center at Doctors Hospital in Augusta, hospital spokeswoman Stacey Snyder said.

Infections by so-called flesh-eating bacteria are rare but sometimes can run rampant after even minor cuts or scratches. The affliction can destroy muscle, fat and skin tissue. The bacteria that infected Copeland is called Aeromonas hydrophila.

Aimee Copeland hasn't been told of the exact extent of her injuries, but she has asked how long she has been in the hospital, her father told the "Today" show.

When told that she's been hospitalized for several days, she expressed concern about completing coursework at the University of West Georgia, where she's a graduate student, her father said. She also worried about missing work at a cafe in Carrollton.

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Online:

http://uwgpsychology.org/2012/aimee-copeland/

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