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In the fall of 1973, Virginia became one of only three states to establish criteria to determine an individual’s time of death. Dr. William F. Reid, the first African American elected to the Virginia Assembly, sponsored the bill. His support helped limit objections from African Americans still upset about the ruling in the Tucker case. While the law referred to the biological definition of death, it stipulated that “the absence of spontaneous brain functions and spontaneous respiratory” (299) function marked the incidence of death. While some physicians did not want to codify the definition of death, preferring to make it a matter of medical judgment, the bill passed unanimously in the Virginia House and Senate.
Wilder took solace in the fact that the Tucker case led to a redefinition of death in the US. However, he reiterated that Bruce Tucker was not dead per the Virginia law in effect when his heart was removed. The Tucker case left many unresolved questions in its aftermath. One was why the respirator was turned off if Bruce’s organs were to be donated: He was already dead and the respirator would have kept the organs in better condition. Jones notes that the number of such unresolved questions demonstrate “how confusing the early days were for pronouncing the deaths of severely brain-injured patients who were potential sources of organs” (301).
On April 26, 1994, Chris Egghart, an employee of the Archaeological Research Center at VCU (formerly MCV), received a call from the campus police: Construction workers had discovered bones near the site of the old Egyptian, or Medical School, building. Discovering a closed well, Egghart found many bones and personal items. The head of archaeological research, Daniel Mouer, and his staff worked diligently over the next few days to prepare the site, halting construction to do so. The team had found the East Marshall Street well, which offered a “window not only into medicine’s past, but into the very heart of Virginia history” (308), including its slavery era.
However, VCU’s president, Eugene Trani, sought to raise the national profile of the university and had ambitious plans for development. He ordered Mouer to allow construction to resume on Monday, May 2. Mouer had to comply with the order. By the time construction resumed, the archaeological team had recovered the remains of 53 humans, most African American and adult though also including nine children and one baby. Historical records of work-related bills at MCV indicated that “demonstrators” in anatomy classes used this well to dispose of human remains between 1848 and 1860.
More than 20 years later, in 2016, MCV’s past arose. The “Descendant Community” group advocated “ways to study and memorialize the people who’d been exploited, and ultimately dumped, by MCV in years past” (315). The University admitted to its dehumanizing practices in the 19th century as well as errors in handling the discovery of remains in 1994. Under the leadership of President Michael Rao, VCU made efforts to memorialize and research these individuals by creating memorial sites, conducting genetic testing to identify descendants and other means. In late 2018, 40 people attended a ceremony to “‘honor those who were dishonored’” (316), as a Richmond councilwoman noted. Jones comments that before that date in 2018, no one had contacted Bruce Tucker’s relatives to honor their dignity.
After the Tucker trial, Lower continued to perform heart surgeries and transplants until he left MCV in 1989. He performed a successful triple bypass operation on Jack Russell, the attorney who led the defense team in the trial. By the 1980s, Lower was using a new antirejection drug, cyclosporine, which “dramatically improved his patients’ survival rates” (317). Nonetheless, of Lower’s 18 human heart transplant recipients, only four were still alive. Two-thirds died within 70 days of the transplant. In retrospect, Lower concluded that the optimism about heart transplants was overstated, and he recommended that they be performed only for terminal patients. When Lower left MCV in 1989, he and his wife moved to Montana, where he managed a ranch for five years. He then returned to Richmond, volunteering at a free clinic for low-income residents for 10 years.
Hume died on May 19, 1973, when a small plane he was piloting crashed. He left a wife and four children. Wilder, while still practicing law, became more involved in Virginia politics. He successfully convinced the state to recognize Martin Luther King Jr. Day in 1984; however, the state celebrated Confederate heroes on the same day. In 1989, Wilder, the grandson of enslaved individuals, became the first African American elected governor in the US.
Judge Compton was subsequently named to the Supreme Court of Virginia, serving on it from 1974 through 2000 and then as a senior justice until his death in 2006. Lower’s wife, Anne, contacted him after Wilder’s inauguration as governor to request records from the trial. To her dismay, as well as Wilder’s, no records remained. Jones observes that the “missing court record could serve as a metaphor for the mistreatment of Bruce Tucker” (323). Even in 2018, the online history of VCU made no mention of Bruce’s contribution to the heart transplant program. However, the college teaches medical students about its history of racial discrimination and shows them photographs of MCV’s rat-infested St. Philip Hospital, which served African Americans. VCU is not the only medical school with a legacy of injustice, though its injustice to Bruce Tucker and his family is more recent than injustices at other medical schools.
In December 2018, Jones searched for the farmhouse where Bruce and William Tucker once lived in a rural county of Virginia. Jones had written to Abraham, Bruce’s son, multiple times but never received a reply. Abraham had joined the Army and was honored for his service at the Fort Lee post exchange. Informed that Abraham no longer worked at Fort Lee, Jones asked a church sexton who knew the family where he might find Abraham. Following difficult directions on a “seldom-used road” (331), Jones found Abraham at his home. Jones tried to make a connection with him and get him to talk, but Abraham refused. Chastising himself for making a weak case to Abraham, Jones went on his way.
The passage of a new law in Virginia defining death in the aftermath of the Tucker case finally allowed for more regulation of medical practices, resolving the theme of Legal Oversight of Medical Practice. The law, which passed in 1973, defined death as the absence of spontaneous brain or spontaneous respiratory functions. That some physicians opposed it reveals their desire to retain complete control over defining death. Hume was clearly among them, having quipped that someone is dead when a physician says so. The law, however, passed unanimously. As Jones explains, its passage did not eliminate all the lingering questions about Bruce Tucker’s experience.
MCV’s historical lack of ethics in scientific experimentation was on full display as late as 1994. It was shocking that a university president could halt the recovery of human remains, simply by citing the urgency of continuing with a construction project. The VCU leadership expressed no concern for the importance of retrieving all remains and no interest in learning how they came to be there. Given just a few days to work, the archeologists collected as many remains as they could and determined that they dated back to the grave-robbing days of the antebellum era. At that time, body parts were discarded into a closed well. Not until the 21st century did VCU finally confront its racist history by honoring those discarded human beings with a ceremony and later integrating the history of MCU’s St. Philip facility into its curriculum, thus resolving the theme of Medical Racism.
As Jones laments, however, VCU has not acknowledged Bruce Tucker’s contribution to its transplant program or apologized to his family. His case was unique in that it occurred during the civil rights era. The outcome of the case still bothered Wilder, who became Virginia’s governor. He strongly believed that the law on the state’s books at the time of the transplant should have guided the verdict. Abraham, Bruce’s son, refused to comment on the case. Lower and the other physicians, who believed that they acted properly, agreed with the verdict. Judge Compton’s instruction that the only claim the jury could consider was wrongful death cast the case in uncompromising, categorical terms: One side would be victorious, and the other would lose. The jury wanted leeway to present a more subtle ruling to highlight the wrong done by Fatteh and MCV without blaming the physicians, but the law and the judge’s instructions made that impossible. Thus, the outcome of the case never recognized the wrong done to the Tucker family.



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