Lawsuit claims
sex assault by nurse
A military spouse claims in a lawsuit she was sexually assaulted and molested by a nurse while a patient at Tripler Army Medical Center more than three years ago.
The victim and her husband filed a lawsuit in U.S. District Court yesterday against the federal government, alleging that Tripler should have known that nurse Tyrone Fellers had previously engaged in sex with another patient and posed a danger to other patients.
The suit, which also alleges medical negligence, seeks damages to be proven at trial.
Tripler officials and Fellers could not be reached for comment.
The victim allegedly collapsed for unknown reasons while with friends on March 11, 2001, and was taken unconscious to the Tripler emergency room just before 3 a.m. Although her father confirmed she had no prior history of seizures, drug use or mental illness, Tripler staff "misdiagnosed" her as an "alcohol abuser," causing her treatment to fall below the standard of care for critically ill patients with her symptoms, the suit said.
She was transferred to the intensive care unit, where her condition worsened and she was having seizures and trouble breathing. A tube was placed in her trachea and her wrists were restrained to prevent her from dislodging the tube.
Fellers was assigned to provide care during the night of March 11. According to the suit, Fellers added ankle restraints early in his shift and later failed to remove them although the breathing tube was discontinued later that night.
The victim's level of consciousness improved that night, but she was still incapacitated. The suit contends Fellers entered her private room that night and sexually assaulted and repeatedly molested her. She managed to tell her husband what happened the next morning when he visited, and he reported the matter to the head nurse and asked for an investigation.
The head nurse denied it was possible for the events to have occurred, according to the suit. After learning of the incident, Tripler staff washed the victim, and changed her hospital gown and bed linens, destroying any key evidence of the attack before it could be investigated.
When confronted by the allegations, Fellers confessed and was subsequently indicted for sexual abuse and two counts of abusive sexual contact.
Fellers also admitted to "prior acts" with other Tripler patients. He later pleaded guilty to assaulting and sexually molesting the victim.