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Should Victims Receive Compensation for 'Surprise STDs'?

News 2012/06/07 18:57:51
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A 49-year-old Oregon woman found a little bit of respite this week when the court awarded her a whopping $900,000 as compensation for contracting herpes from a 69-year-old man on their fourth date. According to the L.A. Times, the jury decided the woman was only "25% responsible" for contracting the STD because the man failed to tell her that he had it before they had sex.

Randall Vogt, attorney for the plaintiff, explained, "He was 69, my client was a very attractive 49. My argument to the jury was he just wanted to sink his hooks into her." There were also suggestions of battery ("aggressive consummation"), which made it impossible for her to put a condom on him, and she was able to give evidence that she had not had the STD prior to the encounter. They met on eHarmony. Do you think it's fair to grant the unknowning recipient of an STD legal compensation?


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  • t.eliot, topbard 2012/06/08 20:54:04
    No
    t.eliot, topbard
    +2
    Protect yourself. If, however, dude forced himself on her as implied, he should be brought up on sexual assault or rape charges and then, if guilty, he might be liable for infecting her.
  • OnlyAPilgrim 2012/06/08 20:53:20
    No
    OnlyAPilgrim
    +2
    That was the payment she received for having her fun!
  • jon 2012/06/08 20:49:55
    Yes
    jon
    +1
    YES he should have informed her of his "STD" and for my part I think he is an ass. If it were me in her shoes he would have lost his "PART".
  • Insanebane 2012/06/08 20:49:48
    No
    Insanebane
    +4
    No. Absolutely not.
    It's called: If you play, you pay.

    On the other hand, if the scumbag knowingly had herpes
    and gave it to her intentionally. He should be brought up
    on charges.

    Because it's a felony to infect someone with an STD
    on purpose.
  • jon Insanebane 2012/06/08 20:51:08
    jon
    +1
    DAH he knew it.
  • adeenmckenziekennedy 2012/06/08 20:41:11
  • cfd007 2012/06/08 20:34:58
    No
    cfd007
    +2
    900K is a little extreme.
  • Ron in ... cfd007 2012/06/08 20:46:52
    Ron in Oregon
    +1
    I don't think this dentist will ever pay her a dime.
  • JAA 2012/06/08 20:30:22 (edited)
    No
    JAA
    +1
    Nowadays, if you don't have a recent lab report in your hand, did not go with the "perp" to the lab to make sure it was his, let him get away with refusing to use a condom (red flag), & having sex outside of a marriage certificate, then "buyer beware". You hang around & solicit jerks, you get stung (or poked) by jerks.

    It would be interesting to know how long they knew each other "in person", before consummating their relationship. It kind of sounds like they were BOTH trying to "put the hooks" into each other. She with an older sugar daddy, & he with younger "fresh flesh". They're probably both losers, but not knowing anymore information, it's hard to make a solid decision on the subject.
  • phil 2012/06/08 20:30:15
    No
    phil
    +1
    Ride the pole pay the toll
  • JohnnyR... phil 2012/06/08 21:55:44
    JohnnyRudick
    Good one.:-)
  • 11 Phenomenon - eNews 2012/06/08 20:22:10
    Yes
    11 Phenomenon - eNews
    +1
    Some compensation seems reasonable. $900,000 seems quite a stretch unless unless the carrier is Bill Gates or someone like that...
  • Ron in ... 11 Phen... 2012/06/08 20:48:03
    Ron in Oregon
    +1
    Dentist
  • trainma... Ron in ... 2012/06/08 21:48:12
    trainmanretired
    Most Dentist are NOT $$$Millionaires and at 69 I'm sure he's on SS but yes she sure does deserve some compensation... maybe a return date or a $4.00 packet of condoms for her next adventure with an eHarmony date.
  • norm 2012/06/08 20:20:16 (edited)
    Yes
    norm
    +2
    People who knowingly infect others are scum. What else could they be called-cream? Scum and cream both float to the top. This is the most unfortunate reality in our culture..
  • Ryan Clarke 2012/06/08 20:12:33
    No
    Ryan Clarke
    +3
    That is total BULL!!!
  • adeenmc... Ryan Cl... 2012/06/08 20:37:25
  • LWS 2012/06/08 20:09:14
    No
    LWS
    +4
    wow whats our country coming to, Are we not responsible for our own decisions/actions anymore?? I could understand the law suite if she asked him if he had any STD's and he said NO and pulled out documentation to prove it, then he would be deceitful, but if she didn't ask and did it anyway well thats her own fault for not using protection. OMG how old are you??? You're not a teenager, your 49 years old with a lot of life experience. And that Judge is a dumb ass, Thats as bad as our government paying $300,000 to some illegal's for scaring them during an immigration raid. Once again WOW!!
  • Charmaine LWS 2012/06/08 20:25:27
    Charmaine
    +2
    You are right!!! America is turning into a freeloader society...people fail to take responsiblity for their own actions!!!
  • jimrthy... Charmaine 2012/06/08 21:30:51
    jimrthy BN-0
    +3
    That it is.

    But, hey. It's what the education system (and insane settlement amounts like this) have trained us to be.

    Better living through pharameuticals and litigation. It seems to be the New American Dream.
  • adeenmc... LWS 2012/06/08 20:40:04
  • Superman LWS 2012/06/13 20:16:13
    Superman
    A lie of ommission is still a lie. He knew for a fact would he had and still let it happen. Thats deceitful for sure.

    I don't understand how so many people keep touting personal responsibility for her while in effect absolving him.
  • LWS Superman 2012/06/14 16:55:09
    LWS
    I am in no way trying to absolve him of his wrong doing and I know some people are scum bags and don't always give the full story but she is a grown 49 years old mature women who chose to have unprotected sex and everyone knows its a risk to sleep around especially with people off the internet they seem to be the most desperate. Well the courts have just set a precedent, to all you people out there that have ever contracted an STD from someone get to an attorney a.s.a.p. you could be $900,000 richer by this time next year. Sorry I have never had an STD in my life and will always use Mr Jimmy Hat to keep it that way and I'm 46.
  • Superman LWS 2012/06/14 18:19:43
    Superman
    Of course having sex without protection with someone you barely know increases the risk of disease. But it doesn't ensure it. And being married to someone, knowing them for a long time doesn't eliminate it. Whats her punishment? She's going to have to live the rest of her life with herpes. So shes not getting off scott free from her bad choice.

    BUT knowing you have a disease and withholding that information from someone you're intimate with (4 dates or 4 years married) increases the risk of infecting that other person to near 100%. Withholding that knowledge is a premeditated act. I think that should be punished more than just calling the guy a scumbag.

    And who knows, maybe if courts start holding people responsible for their actions if they have an STD in this fashion then maybe that risk of getting infected will go down as the bad guys that cause the risk are held to account. Then we could actually start stemming the spread.

    Just a few thoughts. But basically from what I read from you her punishment is the STD (somewhat rightly for her mistake) and his punishment is being called a poopyhead (although you have to actually pull that out of some people). That doesn't sound equitable to me.
  • LWS Superman 2012/06/22 15:54:54 (edited)
    LWS
    I understand that point but I ask the question did she ask him if he had any STD's?? I don't believe she did so she assumed he didn't have any STD's and we all know what assumptions will get you "In Trouble" Like I said she is a mature adult making a mature adult decision to have sex with someone she barley knew. I don't feel sorry for her, she should have waited until she was ready to get married isn't that what we tell our CHILDREN??? And again to bog down our courts with another trivial law suit about a grown women making a bad decision can you image the law suits that are going to pop up all over the US?? And now the courts have to determine who slept with who and gave what to who and when, WOW. And keep in mind there are a lot of people out there that would be willing to get an STD to for $900,000.In this day and age of AIDS/HIV and other deadly diseases a 49 year old should know better. Once again people need to take responsibility for there own decisions.
  • Superman LWS 2012/06/22 16:31:42
    Superman
    Suppose she asked him and he said no. A lie is easy. A husband of many years can cheat on his wife and potentially expose her to STDs. While your morality is nice, its not even a cure all. And legally sex before marriage isn't barred.

    That she didn't ask doesn't matter, considering that point. That he could have easily said no.

    The point is that he had the information and withheld it. He did not have to wait to ask her to volunteer it did he? At any point he could have told her. Knowing that he had an STD he could have been prepared with condoms to use, correct?

    People need to take responsibility for their own decisions. That applies to EVERYONE. Everyone includes the man in this situation. He made a series of bad choices too. And his choices were based on clear and direct knowledge he had that she didn't.

    If you are going to hold everyone responsible for their actions then that logically must apply to him as well. Her punishment for her mistakes is a lifelong STD. His punishment for his mistake is a lighter wallet.

    If we look at the situation as a whole, a flood of new lawsuits on this issue may start affecting sex and risktaking in a new way. The foundational problem with sex these days, with variable risk factors, is the selfish slimeballs who have STDs and concea...

    Suppose she asked him and he said no. A lie is easy. A husband of many years can cheat on his wife and potentially expose her to STDs. While your morality is nice, its not even a cure all. And legally sex before marriage isn't barred.

    That she didn't ask doesn't matter, considering that point. That he could have easily said no.

    The point is that he had the information and withheld it. He did not have to wait to ask her to volunteer it did he? At any point he could have told her. Knowing that he had an STD he could have been prepared with condoms to use, correct?

    People need to take responsibility for their own decisions. That applies to EVERYONE. Everyone includes the man in this situation. He made a series of bad choices too. And his choices were based on clear and direct knowledge he had that she didn't.

    If you are going to hold everyone responsible for their actions then that logically must apply to him as well. Her punishment for her mistakes is a lifelong STD. His punishment for his mistake is a lighter wallet.

    If we look at the situation as a whole, a flood of new lawsuits on this issue may start affecting sex and risktaking in a new way. The foundational problem with sex these days, with variable risk factors, is the selfish slimeballs who have STDs and conceal them to get what they want. And the disease spreads wider and wider. If we start legally holding them responsible for their actions then they may think twice of taking advantage of people and exposing the disease to a broader public.

    The problem with that idea I see is that I think some people enjoy the fact that STDs exist as a punishment for people who make mistakes or don't live up to their morality. People want to see loose men and women punished and don't particularly care about the liars that enable the spread, people I'd consider much worse. A story like this boils down to calling her a slut while completely ignoring his role. And if you truly are a "personal responsibility advocate" then taking that point of view is hypocritical.
    (more)
  • LWS Superman 2012/06/28 19:09:52
    LWS
    I understand your point but I will say it again. I am responsible for what I chose to do weather I have all the information or not. Because of what you just said: QUOTE: "SUPPOSE SHE ASKED HIM AND HE SAID NO, A LIE IS EASY" EXACTLY!!!! Lets suppose she did ask and he told her NO he DID NOT have any STD's, (and maybe he didn't know at the time that he had it) It would still be stupid and highly irresponsible of that 49 yo adult to put her own life in danger by having unprotected sex because like you said "A LIE IS EASY" she was and is aware of the dangers. When will our courts make people responsible for there own reckless behavior/acts.
    I get on my Honda TRX450R ATV everyday knowing that it is a danger decision to get on it. They sell them legally everyday knowing they are dangerous and kill people everyday. So I wear protection to minimize the risk, knowing that there is (STD's, hint hint) dangers out there. But if I do get into a wreck and loose a leg or arm or something I can't sue the company that made it because I was warned of the possible danger (we are all warned of the possible dangers of unprotected sex). Now, if there was a defect in the manufactures material then we can sue. But we are all aware there is moral, ethical and PHYSICAL defects in human beings so we are ...
    I understand your point but I will say it again. I am responsible for what I chose to do weather I have all the information or not. Because of what you just said: QUOTE: "SUPPOSE SHE ASKED HIM AND HE SAID NO, A LIE IS EASY" EXACTLY!!!! Lets suppose she did ask and he told her NO he DID NOT have any STD's, (and maybe he didn't know at the time that he had it) It would still be stupid and highly irresponsible of that 49 yo adult to put her own life in danger by having unprotected sex because like you said "A LIE IS EASY" she was and is aware of the dangers. When will our courts make people responsible for there own reckless behavior/acts.
    I get on my Honda TRX450R ATV everyday knowing that it is a danger decision to get on it. They sell them legally everyday knowing they are dangerous and kill people everyday. So I wear protection to minimize the risk, knowing that there is (STD's, hint hint) dangers out there. But if I do get into a wreck and loose a leg or arm or something I can't sue the company that made it because I was warned of the possible danger (we are all warned of the possible dangers of unprotected sex). Now, if there was a defect in the manufactures material then we can sue. But we are all aware there is moral, ethical and PHYSICAL defects in human beings so we are all aware of the dangers having unprotected sex. You and her sound as if you two are not aware of the dangers associated with unprotected sex(??????), even my 11 year old know that. The responsibility falls on you to protect yourself from people/predators like that man. Waiting for the other person to disclose everything about themselves is just not reality (once again it falls on you to protect yourself). Its just dumb, immature, irresponsible for anyone to have unprotected sex acting blind to the dangers (especially after only the 4th date), sound like suicide if you ask me. And for our courts to rewarded her for being dumb, stupid and irresponsible for her own life, what message does that send to our kids or any other adult??? She better thank God she didn't get AIDS or HIV or some other deadly disease because she didn't use protection. The message about the dangers of AIDs/HIV, STD's, etc. has been in mainstream America for as long as I can remember, so why's she acting brand new, like a new born that doesn't know any better?? She played Russian roulette and lost, that's her own fault. And for him I hope his di** falls off I don't condone what hes done to her or any other person but I would say to her and anyone else that has unprotected sex, you get what you get so don't through a fit, lol I learned that in elementary.
    (more)
  • Superman LWS 2012/06/29 02:59:57
    Superman
    At some point in your life you'll eventually trust someone enough to have sex. Your attempting to judge her based on your morality and a complete lack of knowledge of the situation between those two between there four dates. For all we know she decided she trusted him at that point. Its her choice to make and its the same choice any couple makes, four dates in or four years in. Its not reasonable to think that out of fear people can never have unprotected sex. Thats absurd.

    But to your strawman. You take your risk and thats a cute faulty comparison. But you answer the question yourself. That the man KNOWINGLY hid his "defect" is akin to the manufacturer knowingly selling you a bike with faulty breaks. And as you said, then you can sue.

    But like all the typical people on here you prattle on about her. He has his own level of personal responsible. He too knows that sex is dangerous, he choose to have sex without protection. But he had an added layer. He knew had had a high priority of passing along an infection. His responsibility includes avoiding transmission. He made his choice on that count and he now pays the price.

    She made a bad choice and has an STD for life.
    He made a bad choice and has a lighter wallet.
    Things are fair and balanced.

    And from a long term view a...

    At some point in your life you'll eventually trust someone enough to have sex. Your attempting to judge her based on your morality and a complete lack of knowledge of the situation between those two between there four dates. For all we know she decided she trusted him at that point. Its her choice to make and its the same choice any couple makes, four dates in or four years in. Its not reasonable to think that out of fear people can never have unprotected sex. Thats absurd.

    But to your strawman. You take your risk and thats a cute faulty comparison. But you answer the question yourself. That the man KNOWINGLY hid his "defect" is akin to the manufacturer knowingly selling you a bike with faulty breaks. And as you said, then you can sue.

    But like all the typical people on here you prattle on about her. He has his own level of personal responsible. He too knows that sex is dangerous, he choose to have sex without protection. But he had an added layer. He knew had had a high priority of passing along an infection. His responsibility includes avoiding transmission. He made his choice on that count and he now pays the price.

    She made a bad choice and has an STD for life.
    He made a bad choice and has a lighter wallet.
    Things are fair and balanced.

    And from a long term view anyone with a brain should realize that holding bad people to punishment for stuff like this will lower the risk of danger in sex as people know they may have to face consequences for exposure.

    Or maybe you don't want to lower risk factors because you want people punished for not sharing your morality.
    (more)
  • LWS Superman 2012/07/03 22:32:48
    LWS
    Once again I am not condoning that piece of crap that gave her an STD I believe his face should be put up on a billboard for all the world to see so he can't do this to anyone else not for financial gain. But I also can't side with her for being irresponsible and not protecting herself. That's like saying its the guys fault that you are pregnant. It both your fault!

    You are right, you should be able to eventually trust someone enough to have sex but do you really want to take that chance??? And if you are feeling that comfortable to have unprotected sex then you should feel comfortable enough to ask them to be tested before having unprotected sex for there safety as well as yours, not absurd but mature/responsible. If not then you are taking your life in your own hand once again. And "YES" people should be in fear of having unprotected sex we have been telling our kids that for years because of STD's/HIV and unwanted pregnancies. Are you stupid or the next AIDS victim?? Well hopefully you can get a lot of money from the guy/girl who gives you AIDS because "THEY SHOULD HAVE TOLD YOU", hahahaha and hopefully you can enjoy the money before you died (it would have been easier just to protect yourself). I have had sex with more women then I can count on my hands and toes and I have ...







    Once again I am not condoning that piece of crap that gave her an STD I believe his face should be put up on a billboard for all the world to see so he can't do this to anyone else not for financial gain. But I also can't side with her for being irresponsible and not protecting herself. That's like saying its the guys fault that you are pregnant. It both your fault!

    You are right, you should be able to eventually trust someone enough to have sex but do you really want to take that chance??? And if you are feeling that comfortable to have unprotected sex then you should feel comfortable enough to ask them to be tested before having unprotected sex for there safety as well as yours, not absurd but mature/responsible. If not then you are taking your life in your own hand once again. And "YES" people should be in fear of having unprotected sex we have been telling our kids that for years because of STD's/HIV and unwanted pregnancies. Are you stupid or the next AIDS victim?? Well hopefully you can get a lot of money from the guy/girl who gives you AIDS because "THEY SHOULD HAVE TOLD YOU", hahahaha and hopefully you can enjoy the money before you died (it would have been easier just to protect yourself). I have had sex with more women then I can count on my hands and toes and I have never had an STD, so you go right ahead enjoy your compensation/money all you want I will enjoy my STD free body. Prevention, Prevention, Prevention, why take the chance????
    I do feel sorry for the women who contracted STD's, just because she got awarded $900,000 doesn't mean shes will actual get the money, but we all know that she sure DID get an STD. It would have been easier for her to be responsible and care about own her life and just to use protection.
    Sorry I don't like the message you are conveying to our/my children, that it is OK not to protect yourself because you could get paid if they give you something.
    I will ask you this, would you rather have $900,000 and STD's or an STD free body???
    If you chose the money well then we know where you stand "with the cash".
    If you chose STD free body.
    Well the only way to stay Free of STD's if you are having sex is by PROTECTING YOURSELF, not hoping for the best!

    Good Luck!!
    (more)
  • Lauren Mulford 2012/06/08 20:08:37
    No
    Lauren Mulford
    +4
    You know it's a risk when you sleep around.
  • phil Lauren ... 2012/06/08 20:31:35
    phil
    +1
    Good girl. I agree
  • JohnnyR... Lauren ... 2012/06/08 21:57:39
    JohnnyRudick
    Ain't that the truth!!!

    Best statement so far that I have read here.
    Been some good ones but this one is. . .
  • Col 2012/06/08 19:59:31
    No
    Col
    +3
    She shouldn't have had sex with him in the first place. Since she did, she should have insisted that he wear a condom. No condom, no sex!!!! She shouldn't get a penny.
  • Karl 2012/06/08 19:52:48
    No
    Karl
    +4
    Unless it's rape, no one should get any compensation.
  • Taxman 2012/06/08 19:49:33 (edited)
    Yes
    Taxman
    +1
    I meant to hit NO. They should get their money back. She needs to be sure and tell her next partner (would hate for her to get sued)! Seriously, safe sex. It was only forth date.
  • sickofselfish 2012/06/08 19:45:11
    No
    sickofselfish
    +5
    If you are stupid enough to not check and get both of yourselves tested and basically if you are a 49 year old whore who thinks it's okay to screw around on the fourth date, then you get what you deserve.
  • Charmaine sickofs... 2012/06/08 20:26:04
    Charmaine
    ABSOLUTELY CORRECT!!!
  • Dawn 2012/06/08 19:44:20
    Yes
    Dawn
    In most states you legally have to tell someone if you have an STD.
  • Col Dawn 2012/06/08 20:21:18
    Col
    +3
    There shouldn't have to be a law. People need to engage their brain before the parts necessary to have sex. The government has too much control already. Having sex and who you have it with is each persons choice. It is their responsibility to use protection, then you wouldn't have to worry about STD's unless of course, that the condom breaks. That is why people should stop being so free and careless with their bodies. If fully grown people are doing crazy things, kids think it's OK for them to do it too. A teenager do doesn't have the maturity to handle such situaitons as having sex or having a child. That's why abstinance is the best form of birth control. You don't have to worry about getting pregnant or getting an STD. I would like to say to teenagers. Don't rush things. Giving yourself to someone you love is a special thing. It should only be given to the person you're going to hopefully be living your life with. It makes the first time so much more special. Trust me, on your wedding night, your partner will be honored that you haven't slept with half the men in town. I have two daughters. Both are grown with children of their own. Even before they got to be teensagers I had talked with them. I always wanted them to come to me with anything so we could talk about it. Whe...
    There shouldn't have to be a law. People need to engage their brain before the parts necessary to have sex. The government has too much control already. Having sex and who you have it with is each persons choice. It is their responsibility to use protection, then you wouldn't have to worry about STD's unless of course, that the condom breaks. That is why people should stop being so free and careless with their bodies. If fully grown people are doing crazy things, kids think it's OK for them to do it too. A teenager do doesn't have the maturity to handle such situaitons as having sex or having a child. That's why abstinance is the best form of birth control. You don't have to worry about getting pregnant or getting an STD. I would like to say to teenagers. Don't rush things. Giving yourself to someone you love is a special thing. It should only be given to the person you're going to hopefully be living your life with. It makes the first time so much more special. Trust me, on your wedding night, your partner will be honored that you haven't slept with half the men in town. I have two daughters. Both are grown with children of their own. Even before they got to be teensagers I had talked with them. I always wanted them to come to me with anything so we could talk about it. When they got into their early teens, I told them that boys / men will tell you anything to get you to have sex with them. They will tell you that they love you. My suggestion for what they should tell a pushy guy is, " if you loved me, you wouldn't ask me to do something before I'm ready, mentally and physically. If they break up with you because you won't do it fine, They weren't worthy of you.
    (more)
  • jimrthy... Col 2012/06/08 21:27:59
    jimrthy BN-0
    Those are good points.

    Just for reference: condoms are not 100%. Just because one didn't break didn't mean you didn't catch anything.

    Most people (esp. teenagers and young adults) aren't going to follow this advice. But you're absolutely correct. Abstinence is the best method of prevention. And sex ed class really doesn't do justice to the risks (at least, it didn't while I was in school).

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