Jury rules nurse didn't violate rights of woman barred from partner's room

A King County jury on Wednesday ruled that a nurse did not violate the constitutional and legal rights of a Seattle woman who was barred from her domestic partner's hospital room in the hours before the woman died.

Sharon Reed believed nurse Karen Hulley pushed her from the room at the University of Washington Medical Center in September 2005 because Hulley was opposed to her sexual orientation, according to Reed's lawyer.

But jurors on Wednesday deliberated only about 40 minutes before voting 10-2 to dismiss Reed's suit, which sought $600,000 in damages.

In May 2006, Reed sued Hulley, AMN Healthcare, the health-care staffing agency that placed Hulley at the hospital, and the UW Medical Center for causing emotional distress, violation of her constitutional rights and reckless disregard of her legal rights.

The suit against UW was later dismissed, but over the past eight days a jury heard the civil case against the remaining two defendants in King County Superior Court.

Hulley, a 32-year-old who has since returned to her home state of Tennessee, was accused in the lawsuit of being determined to keep the lesbian couple apart because of homophobia.

But the defense claimed Reed, 71, upset her partner JoAnn Ritchie and interfered with her care as the woman fought for her life.

In his closing argument Wednesday, defense attorney Chris Nicoll said the case is "about misperception."

"We're here because of a mistake," Nicoll said. "The mistaken conclusion reached by Sharon, her friends and her psychiatrist that this whole thing was about homophobia."

Hulley cared for Ritchie on the night of Sept. 3, 2005, through the following morning. During that period she ordered Reed from the room at least six times, according to the lawsuit.

Reed had legal documentation of their relationship that outlined her right to oversee her partner's health care, according to Judith Lonnquist, Reed's lawyer. Lonnquist said that Hulley never read the documents.

Hulley testified that she was courteous toward Reed, but needed her to leave Ritchie's hospital room because she was causing the ailing woman's heart rate to rise and her oxygen level to decrease. She said that Ritchie was restless, anxious and wanted to remove her breathing mask and talk to Reed.

"I asked her to please step out. I asked her not to stimulate her partner," Hulley told jurors. "I try to treat others the way I want to be treated."

Ritchie died at the hospital at 12:15 p.m. on Sept. 4.

Reed says she was anguished by guilt after Hulley barred her from the hospital room.

"I think this is clearly a trial about sexual orientation," Lonnquist said outside the courtroom on Wednesday. "We can't say for sure whether this nurse was homophobic."

But, Lonnquist added, "that if Sharon had been her [Ritchie's] husband nurse Hulley would have treated her differently."

The topic of same-sex couples' rights inside hospitals made national headlines last week when President Obama issued a directive to make it easier for hospital patients, particularly gays and lesbians, to receive visitors and choose who will make medical decisions on their behalf.

Obama is asking the Health and Human Services secretary to begin the process of putting in place federal rules to ensure that hospitals respect the rights of patients to designate visitors. The order covers hospitals receiving Medicare or Medicaid.

Hulley hugged her lawyers and called her family after the verdict was announced. She declined to comment.

Reed also declined to comment after the verdict was announced; she left the courtroom surrounded by friends and family.

Information from The Associated Press is included in this report.

Jennifer Sullivan: 206-464-8294 or jensullivan@seattletimes.com