A patient who was sexually assaulted by a nurse at Tripler Army Medical Center in 2001 should be awarded $906,000 for her and her husband, a federal judge has ruled.

U. S. District Judge Susan Oki Mollway ruled that Tyrone Fellers, a licensed practical nurse, assaulted the patient during a five-hour period in which he was left unsupervised in the patient's room in March 2001. Fellers later pleaded guilty to sex abuse and is now serving a federal prison term.

Based on a six-day nonjury trial in July, Mollway issued a 44-page opinion late Wednesday and ruled that the federal government must pay the woman $816,000 and her husband $90,000.

The woman, the wife of a Navy man, issued a statement yesterday saying Tripler officials and the federal government through the investigation of the case seemed to blame her. "I hope this opinion will prompt a change in Tripler's policy and enhance supervision for vulnerable patients," she said. "I hope our victory will provide the support and encouragement for other victims to fight for justice."

Margaret Tippy, Tripler's public affairs officer, said the staff takes the "care and safety of our patients very seriously," but because the case is under review, she referred questions to Assistant U.S. Attorney Michael Burke.

Burke said the government "vigorously" had opposed the position by the woman and her husband during the trial. "We felt under the facts and the law, we didn't think Tripler did anything wrong," he said.

He said the decision will be studied before a decision is made on whether to contest it.

The Pearl Harbor couple's lawyers said the award reflected what Mollway found to be "unimaginable pain, terror, revulsion, frustration and emotional trauma" that the woman suffered during the "nightmarish extended sexual assault."

Attorneys Michael Livingston and Mark Davis said the judge criticized the government's "blame the victim approach," which included a defense to hold the woman responsible for her injuries.

The woman had been hospitalized after being given a "date rape" drug at a social gathering, the lawyers said.

She was taken to the emergency room in a coma with Fellers assigned to care for her, they said. Although she was unable to move, she later drifted in and out of consciousness and was aware of the attack, the lawyers said.

Mollway questioned the supervisory nursing staff, the staffing levels and their failure to supervise Fellers, the lawyers said.

"This has been a difficult ordeal for (the woman) and we are hopeful that changes in the Tripler procedures will protect other victims," Livingston said.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.