Transgender death costs D.C. $2.9 million Treatment denied after trans ´discovery´

by Bob Roehr

The District of Columbia must pay $2.9 million to the estate of a transgendered woman because of medical negligence and a violation of her human rights, which lead to her death. A jury returned the verdict late on Dec. 11.

Tyra Hunter was a passenger in a car when another vehicle slammed into it in August of 1995. According to witnesses, she lay on the street moaning in pain as an emergency medical technician cut away her pant leg to check for injuries.

Suddenly the EMT bolted back. "This ain´t no bitch. It´s a nigger. He´s got a dick and balls," he shouted to his colleagues. They stopped treating Hunter for 5ś minutes, despite pleas from the crowd to resume care. And they returned to their job of saving lives only when a supervisor arrived and ordered them to do so.

Hunter was taken to the city"run D.C. General Hospital where she died two hours later. Missing x"rays and other medical records muddles an exact recounting of what transpired there.

Tyra Hunter was 24 and had lived as a woman from the age of 17. She had cosmetic surgery to augment breasts and cheeks, while genital reconfiguration was down the road. The EMT´s shock was testimony to her ability to "pass" as a woman.

Her career as a hair stylist was skyrocketing and she generously contributed to the family finances.

The accident occurred just a block from the house in which she grew up, the neighbors had come to accept her transformation.

CAUSE CELEBRE

Tyra Hunter´s death quickly became a rallying point for the Washington LGBT community. It sparked several rallies as the fire department opened, quashed, then under public pressure reopened an investigation of the incident.

The fire chief has since taken a job in another city.

Charges of a cover up were manifest from the start. Normal investigative procedures were not followed, key medical records from the hospital mysteriously disappeared, and stories seemed to change over time.

Margie Hunter, Tyra´s mother, filed suit seeking $10 million in damages from the city. The contentious trail spread over nearly a month. Press accounts were not sensationalized, perhaps because cameras are not allowed in District courtrooms and the judge slapped a gag on the contending attorneys prohibiting them from speaking with the press while the trial was in progress.

The jury came back after three full days of deliberation. They awarded $100,000 for the slur and $500,000 for withdrawal of services by the fire department, as violations of the D.C. Human Rights Act. The Hospital was hit with $1.5 million for malpractice, and the balance of the award for lost income.

Margie Hunter said the trial has always been about holding the city accountable, not about money. After the verdict was read she told reporters, "I know he [Tyra] is smiling now, because I did the right thing."

"It is so rare for transgender people to get justice," said activist Jessica Xavier. "The jury saw that this was an ordinary human being just trying to make her life work. That is what carried the day, her humanity."

Attorney Dana Priesing monitored the trial for GenderPAC. She saw "a little bit of the shadow of Matthew Shepard" in the jury´s decision. "Stereotypes can kill you. I think that Matthew Shepard´s death brought that home. And Tyra is just another example of the same thing, stereotypes can kill you."

Dee Curry, co"founder of Transgenders Against Discrimination (TADD), said "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."

Priesing hopes that the verdict will send a message to front line city employees that all people are to be treated equally. And if you don´t, "it could take three years out of your [professional] life and put you in purgatory for quite a long time. It just isn´t worth it."

The city has yet to decide on whether or not it will appeal the verdict, perhaps as a tactic to negotiate a lower settlement. Malpractice decisions are seldom overturned, so that portion is likely to remain. * Lambda Publications, The Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community,1115 W. Belmont 2D, Chicago, IL 60657; PH (773) 871� FAX (773) 871�. See Outlines, Nightlines, Out Resource Guide, Clout! Business Report, Blacklines and En La Vida on the web at http://www.suba.com/~outlines/. E­mail feedback to outlines@suba.com!