Rare jury award in spread of herpes

PORTLAND, Ore. — An Oregon jury has awarded $900,000 to a woman who said 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 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 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.

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.