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She suffered from anxiety and depression, and the drugs she took for that caused her weight to balloon by 30 pounds.
Vogt praised his client as a "heroine" for standing up to hold a "dangerous" man responsible.
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The 49-year-old Beaverton divorcee was impressed when she met a 69-year-old Southeast Portland man on the Internet dating website e Harmony. They had a lot in common, including that she was a dental hygienist and he was a retired dentist. After enduring repeated painful outbreaks of the disease and spiraling into clinical depression, she filed a lawsuit.
On the fourth date -- an evening that included hors d'oeuvres, wine and a few puffs of pot -- the two had sex. Last week after a four-day trial, a Multnomah County jury awarded her nearly every dollar she was asking for: 0,000 for her pain and suffering.
Within 11 days, she had a herpes outbreak -- documented by her complaints to a doctor, he said.
The woman, who filed the case under a pseudonym, testified that she asked her date to wear a condom and he said OK, but the next thing she knew he wasn't wearing a condom and it was too late.In the case of the retired dentist, the Washington County district attorney's office declined to prosecute, figuring it would not be able to prove the case "beyond a reasonable doubt" -- a higher standard than in a civil suit.