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Hunter Family Wins $2.9 Million In DC Wrongful Death
By Maria Elena Fernandez Washington Post
Contributed by Alyson, Jodie Miller, Bobby G and Jessica Xavier
Washington
December 11, 1998
Tyrone Michael Hunter died without his
dignity three years ago, but a D.C. Superior
Court jury yesterday helped his mother honor
his life by awarding her nearly $2.9 million in
her wrongful death lawsuit against the city.
"I know he was in pain; I know he was scared
... but I know he is smiling now," Margie
Hunter said. "He is smiling because I did the
right thing."
Hunter died on Aug. 7, 1995, after a car
accident and a series of humiliating events, his
mother, Margie Hunter charged in her lawsuit against the
D.C. Fire Department and D.C. General Hospital.
Hunter, a 24-year-old hairdresser, lived his life as a
woman. He dressed in women's clothes, wore makeup and
took hormone
injections to develop breasts. He never officially
changed
his name, but was known as Tyra Hunter for almost 10
years.
Eyewitnesses testified during the five-week
trial that a rescue worker who cut open Hunter's
pants at the accident
scene recoiled in surprise, made crass remarks and
stopped treatment for several minutes after discovering
Hunter's
male genitals..
The jury did not individually blame firefighter Adrian
Williams, who was named in the lawsuit and who testified that he cut
Hunter's pants. Instead, the jury held the department liable for $600,000
for the remarks and for withholding
treatment.
"Tyra had a dream," said Dee Curry, a member of
Transgenders Against Discrimination and Defamation who
was in court for the verdict. "She didn't want to be the
stereotypical transgendered person. I
always admired her for that. That's why her death shook
the community the way it did. The
humiliation behind it was devastating to us."
The jury, made up of six women and two men, awarded
nearly
$2.3 million to Margie Hunter in her claims that D.C. General
Hospital emergency room doctor Joseph Andre Bastien failed to
diagnose Hunter's injuries and follow nationally accepted
standards of care. The lawsuit alleged in part that Bastien
misread X-rays that are now missing, decided against inserting
a chest tube to drain blood that pooled near Hunter's
heart and did not give Hunter four units of blood that
were available.
Outside the courthouse yesterday, Margie Hunter said
that
she hopes Bastien is fired and that he "goes back to
school and get certified before he touches anyone."
Bastien was not in court for the verdict.
While preparing for the trial, Hunter's attorney,
Richard
F. Silber, said he discovered that five of the eight
attending emergency room physicians at D.C. General
Hospital were not certified and, more importantly, not
even eligible to take the medical board exams.
"This was a huge loss," Silber said. "This person didn't
just die. He literally suffocated. He suffocated over a
period of time. ... A life was lost here due to
unbelievable mistakes." Steven Anderson, the city's
attorney, refused to comment on the verdict.
Jurors shook Margie Hunter's hand and wished her well
before they left the courthouse yesterday. The jurors
declined to speak with the attorneys and the media
about the case.
"It's nice to see that the jury did not seem to have
gotten hung up the fact that the decedent was
transgendered and
that they saw that she deserved to be treated like
everybody else," said Dana Priesing, a transgendered
lawyer who watched the trial and posted testimony
summaries on the Internet every day.
Members of the transgendered community attended the
trial
daily to show support for Margie Hunter and to raise awareness
about people who cross genders. Hunter's face has been
emblazoned on T-shirts over the words "God's Gift" and two
coalitions have been formed in his name. Since Hunter's death,
at least a dozen community groups have staged protests
claiming that the city government is tolerating bigotry.
The D.C. Fire Department launched an internal
investigation after the accident to determine who made
the crude remarks at the accident scene. When Margie
Hunter filed her lawsuit, the Fire Department stopped
the investigation. No one was disciplined, but
every member of the department was forced to attend
diversity-raining sessions.
"The jury looked at all the facts and recognized that
Tyra
was not a man dressed as a female but a human being,"
said Earline Budd, a transgendered activist who watched
most of the trial.
"She lived her life as a woman, but all of that is
erased," Priesing said. "In court, she became Tyrone,
and the people who knew her called her 'he.' That is
sad to me. Maybe it was because in a legal proceeding,
you have to go by the official name. But I think we
should honor her by calling her what she called
herself."
A count by count and question by question telling of the jury's vote
follows:
---------------------------------------------
I. DC HUMAN RIGHTS ACT - alleged remark
1. Do you find that (firefighter) Adrian Williams made an alleged
unlawful remark about (Tyra) hunter's personal appearance, sex, or sexual
orientation on August 7, 1995?
NO.
2. Do you find that a DC Fire Department employee other than Adrian
Williams made an alleged unlawful remark about (Tyra) hunter's personal
appearance, sex, or sexual orientation on August 7, 1995?
YES.
3. Do you find that (Tyra) Hunter hear and understand the unlawful
remark?
YES.
4. What amount of money would fairly and adequately compensate (Tyra)
hunter, had (she) lived, for any mental or emotional suffering (she)
experienced as a result of the unlawful remark?
$100,000
II. DC HUMAN RIGHTS Act - alleged withdrawal of treatment
5. Do you find that Adrian William unlawfully withdrew treatment
from (Tyra) Hunter on August 7, 1995?
YES.
6. Do you find that a DC Fire Department employee other than Adrian
Williams unlawfully withdrew treatment from (Tyra) Hunter on August 7,
1995?
YES.
7. Do you find that (Tyra) Hunter was aware that Adrian Williams
unlawfully withdrew the treatment on August 7, 1995?
NO.
8. Do you find that (Tyra) Hunter was aware that a DC Fire Department
employee other than Adrian Williams unlawfully withdrew the treatment on
August 7, 1995?
YES.
9. What amount of money do you find would fairly and adequately
compensate (Tyra) Hunter, had (she) lived, for any mental or emotional
suffering (she) experienced as a result of the unlawful withdrawal of
treatment?
$500,000
III. MEDICAL MALPRACTICE
10. Do you find that (Dr.) Joesph Bastian's treatment of (Tyra) Hunter on
August 7, 1995 was negligent (that is, that the treatment fell below the
applicable standard of care)?
YES.
11. Do you find that (Dr.) Joesph Bastian's negligence proximately caused
(Tyra) Hunter to experience conscious pain and suffering on August 7,
1995?
YES.
12. What amount of money do you find would fairly and adequately
compensate (Tyra) Hunter, had (she) lived, for any conscious pain or
suffering (she) experienced as a result of the negligence of (Dr.) Joesph
Bastian on August 7, 1995?
$1,500,000.
13. Do you find that (Dr.) Joesph Bastian's negligence proximately caused
(Tyra) Hunter's death on August 7, 1995?
YES.
14. What amount of money, reduced to present value, would equal the
financial and other benefits that (Tyra) Hunter, had (she) not died on on
August 7, 1995, would have provided to Margie Hunter during her lifetime?
$400,087
15. What amount of money, reduced to present value, would equal the
net loss to (Tyra) Hunter's estate at the end of (her) lifetime, had (she)
not died onon August 7, 1995?
$373, 379
------------------------------
An appeal by the DC Corporation Counsel's office (the defendents) may be
expected. As it has since August 7, 1995, Transgender Nation - Washington
will continue to monitor this case and its aftermath. The tragic death of
Tyra Hunter will not be forgotten.
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