Date: Mon, 14 Dec 1998 08:14:03 -0800 From: Clare Howell Subject: IYF - Analysis of Trya Hunter Wrongful Death Trial MEDIA ADVISORY - FOR IMMEDIATE RELEASE Editor: Clare Howell, clare@gpac.org ANALYSIS: TYRA HUNTER WRONGFUL DEATH TRIAL ========================================== [Washington, D.C.: 13 Dec 98] TRANSGENDER WOMAN TYRA HUNTER DIED on 7 Aug 95 at D.C. General Hospital after having been in an auto accident. On Friday 11 Dec 98, a D.C. jury awarded $2.8 million in damages to Tyra's mother who had brought a wrongful death & survival action against the District of Columbia, the supervising Emergency Room physician, and an Emergency Medical Technician. Local trans- gender attorney Dana Priesing attended each session of the trial. This is her summary and analysis of the evidence underlying the verdict. "Tyra was knocked out by the crash, but by the time the firemen arrived, she was conscious but dazed, and developing airway trouble from teeth knocked into her mouth. Tyra looked female at first glance, but in their initial injury assessment, a fireman discovered Ty's male genitals, uttered the epithets ("This ain't no bitch. It's a nigger. He's got a dick and balls."), and ceased treating her. They failed to clear her airway for some period of time while they laughed at her as the crowd yelled at them to get to work. Other emergency personnel on scene approached some time later, after treating the other injured passenger. They found Tyra still lying on the grass, gagging and combative, apparently trying to escape the taunting firemen. Supervisor Roulhac then arrived and ordered Ty's airway cleared. "Tyra reached the ER at 4:10 p.m. She was received as a combative transgendered "John Doe" with breasts and male genitalia, makeup and female clothes. Mysteriously, she was given Narcan, which plaintiff's expert witness Dr. Baker termed a counter- narcotic. With an elevated pulse and below normal blood pressure, it was obvious that she was in hypovolemic shock (HVS). The blood was not coming from her head or limbs. ER personnel X-rayed her chest 20 minutes after she arrived. Those X-rays have disappeared. "The contemporaneous notes said 'patchy haziness left lung field,' 'heart pushed right.' A peritineal lavage suggested no blood in the abdomen. In view of the HVS and lack of blood elsewhere, Tyra's chest obviously needed further investigation. Yet from 4:45, for the next half hour, the ER personnel did substantially nothing. Blood had been ordered. It wasn't given. Lactated Ringers continued to drip, but they didn't open the tap to speed it up as her fluid volume fell. Somebody drew a little blood at 5:10 for a blood gas test, but these results also disappeared. "Tyra's pulse and blood pressure slowly fell, and she suffocated from lack of oxygen in her blood. Dr. Baker testified that the sensation would have been "sheer terror." A muscle relaxant paralyzed her, and an amnesia drug would have prevented her remembering (had she survived), but it wouldn't have prevented her from experiencing that terror, as she lay there for over half an hour without treatment. She died at 5:20 p.m. Only then did the ER staff insert a chest tube, releasing at least 1500 ccs of blood, as well as air, that had built up in her chest. They administered CPR (badly enough to mash her spleen), then opened her chest and performed heart massage. "The administration of the Narcan supports the inference that a stereotype (namely that Tyra was an anonymous, drug using, TG street person) affected the treatment she received. The ER staff, as evidenced by their actions, did not consider her life worth saving; the post-death CPR and heart massage were merely perfunctory, CYA measures, or a practice opportunity. To the jury's credit, they looked beyond the stereotype, discovered the human being, and recognized the injustice done to her." ### Subscriptions. Please contact: Subscribe@Gpac.org For prior releases, check the GenderPAC website at: http://www.gpac.org (c) 1998 InYourFace GenderPAC's news-only service for gender activism. ============================================================ Date: Sat, 12 Dec 1998 08:49:52 -0800 From: Clare Howell Subject: IYF - Tyra Hunter Wrongful Death Trial Verdict MEDIA ADVISORY - FOR IMMEDIATE RELEASE Editor: Clare Howell, clare@gpac.org Contacts: Jessica Xavier, TheXGrrrl@aol.com Dana Priesing, danapriesing@earthlink.net JURY FINDS DICTRICT OF COLUMBIA GUILTY OF NEGLIGENCE AND MALPRACTICE IN TYRA HUNTER'S DEATH ======================================================== [Washington, D.C.: 11 Dec 98] THE JURY IN THE TYRA HUNTER wrongful death trial awarded Tyra's mother, Margie Hunter, $2,873,000, finding the District of Comumbia guilty of negligence and malpractice in Tyra's death in August 1995. The jury of two men and six women reached the verdict after three days of deliberations. Tyra died at D.C. General Hospital after being in an auto accident. Ms. Hunter had alleged that a D.C. EMT had ceased treating Tyra at the accident scene when he discovered Tyra's male genitals. The EMT then backed away and made joking remarks about Tyra, leaving her unattended for 5-7 minutes. Ms. Hunter also alleged that a D.C. General doctor did not provide competent care in the emergency room. The jury found the city guilty of both allegations. The jury awarded: $100,000 for emotional harm suffered by Tyra as a result of the epithets uttered at the scene; $500,000 for damages attributable to the withdrawal of medical care at the accident scene; $1,500,000 for conscious pain and suffering endured by Tyra in the emergency room as the result of medical malpractice; $400,000 for damages attributable to Tyra's wrongful death; and $373,000 for damages attributable to the loss of Tyra's estate (what she would have retained in her estate after a lifetime of work, had she lived). There is no word yet on whether or not the defense will appeal. Said Dee Curry, Co-founder of Transgenders Against Discrimination and Defamation (TADD), "The District of Columbia must now take notice and assure that its employees will treat all of its citizens fairly and equally. There can be no dress code for human rights in this city." ### Subscriptions. Please contact: Subscribe@Gpac.org For prior releases, check the GenderPAC website at: http://www.gpac.org (c) 1998 InYourFace GenderPAC's online news-only service for gender activism.