Dallas Voice (Dallas, Tex.), Vol. 8, No. 42, Ed. 1 Friday, February 7, 1992 Page: 3 of 40
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HIV-positive nurse files lawsuit
Houston man says M.D. Anderson officials reassigned
him because of an outspoken commentary he wrote
A Houston man infected with HIV
filed a federal lawsuit against prestigious
M.D. Anderson Hospital in Houston,
challenging the hospital's decision to
transfer him from his position as a
surgical nurse.
The man also claims the hospital
violated his First Amendment right to
STATE
free speech, according to Pam Oglesby,
staff attorney with the Texas Human
Rights Foundation.
THRF has signed onto the lawsuit
on a secondary basis, Oglesby said. Lead
counsel in the suit is Houston attorney
Anthony Green.
In court documents, Brian Bradley
alleges that he was transferred from his
position as a surgical nurse for M.D.
Anderson Hospital to a clerical position
after questioning CDC guidelines for
HIV-positive health care workers in an
article published in the Houston
Chronicle. “The hospital knew about his
HIV status before, but they didn’t
transfer him until he was quoted in the
media talking about the CDC
guidelines,” Oglesby said.
In the article, Bradley was “talking
about the CDC guidelines, saying that he
felt they were not based in fact. He was
specifically talking about his concerns
regarding a bill sponsored by [Sen. Jesse]
Helms [a North Carolina Republican] that
would have made it criminal conduct for
anyone involved in health care not to be
tested [for HIV]. The Helms bill didn’t
pass, but Congress was considering it at
the time,” Oglesby said.
“The hospital knew about his
condition before, but they didn’t transfer
Pam Oglesby, THRF staff attorney . . .
'The hospital knew about his condition
before, but they didn't transfer him until
he went public."
him until he went public, yptil he talked
about it,” Oglesby explained. Bradley
also claims that M.D. Anderson “didn’t
follow CDC guidelines, such as they are”
in transferring him, because hospital
officials did not meet with Bradley and
his personal physician to discuss the
situation before taking action, the THRF
attorney added
Bradley’s main contention, however,
is that the CDC guidelines themselves
“are not based on fact, but on the
prejudice and fear surrounding HIV and
AIDS,” Oglesby said. “[Bradley] wants to
take the CDC guidelines on head-on. He
believes they are not based on fact, and
that they shouldn’t be used to transfer
someone this way.”
In the lawsuit, Bradley requests that
he be re-instated to his former position
as a surgical nurse, or to “some position
where he’ll be doing the work he was
trained to do, not sitting at a desk doing
clerical work,” Oglesby said. He is also
asking for a statement from the hospital
affirming that his First Amendment rights
were violated. He also seeks
compensatory and punitive damages and
attorney’s fees. T
Legal eagles—
The National Lesbian and Gay Law Association and Texas Human Rights
Foundation held a reception last weekend during the American Bar Association
convention. Pictured: Suzanne Bryant, NLGLA vice co-chair; Dick Peeples, THRF
trustee; and Pat Presley, legal director of THRF.
Man injured
in robbery
attempt
One man was injured during an
attempted robbery that occurred just
past midnight Monday morning on
Reagan Street, according to police
reports. The man was shot once in the
LOCAL
abdomen and was recovering in
Parkland Memorial Hospital, according
to Detective Ron Mason of the Dallas
Police Department.
The man, whom Mason declined to
identify, had just gotten out of his car in
front of his apartment complex in the
2900 block of Reagan when he was
approached by two gunmen who had
pulled up in a car, the detective said. A
neighbor said the victim was shot after
refusing to drop the groceries and hand
over his wallet.
Mason said that the attackers fired
two shots at the victim. At that point,
another resident of the apartment
complex yelled out his window at the
gunmen. A second resident, identified
by Mason as an ex-security guard, fired
several shots at the attackers, who fled
in their car.
The gunmen were described as two
black males in their 20s, Mason said,
adding that police have no suspects in
the shooting at this time.
In a related development, authorities
seek information from any person who
may have witnessed an incident on the
evening of Saturday, Jan. 24.
Brent David Korol, 22, was shot as
he sat in his parked automobile on
Dickason Street near Sam Houston
Elementary School. The incident
occurred at about 10:15 p.m.,
investigators said. Korol died following
emergency surgery at Parkland Memorial
Hospital.
Persons who may have witnessed
the attack or have information pertaining
to the shooting are asked to contact
Vinson is
tapped for
Lobby post
Former co-chair is named
director of development
The state’s gay and lesbian lobby
organization has hired a noted Dallas
lesbian activist as its Director of
Development, officials announced last
week.
Kay Vinson, operator of Curious
Times bookstore, will assume her
responsibilities on Feb. 1. Vinson, a
former LGRL co-chair, resigned her post
in mid-December.
As development director, Vinson
wiLl be responsible for raising the more
than $100,000 needed to cover the LGRL
budget this year. She will maintain an
office in Dallas but travel to
communities throughout the state,
officials said.
The 40-year-old former television
CONTINUED ON PAGE 9
DALLAS VOICE
FEBRUARY 7, 1992
3
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Vercher, Dennis. Dallas Voice (Dallas, Tex.), Vol. 8, No. 42, Ed. 1 Friday, February 7, 1992, newspaper, February 7, 1992; (https://texashistory.unt.edu/ark:/67531/metapth615964/m1/3/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Special Collections.