Charla Nash, left, talks with attorney Charles J. Willinger, Jr., before a court hearing. Picture: Jessica Hill Source: AP
Charla Nash, who was mauled in a 2009 chimpanzee attack, is seeking $150 million in damages. Picture: Jessica Hill Source: AP
A US state is fighting a $150 million claim by a woman who was attacked by a pet chimpanzee, forcing her to undergo a face transplant.
But the victim, who has amassed millions of dollars in medical and other bills, said she's holding out hope.
While the 10-year-old chimpanzee Travis that attacked her was a privately owned pet on private property, Charla Nash is arguing for permission to sue Connecticut's Department of Energy and Environmental Protection, which she holds responsible for not seizing the animal despite a state biologist's warning it was dangerous.
"I hope and pray that the commissioner will give me my day in court," Ms Nash told reporters following the hearing. "And I also pray ... this never happens to anyone else again. It is not nice."
Ms Nash, 57, was attacked in February 2009 by a friend's 200-pound pet chimpanzee after its owner asked Ms Nash to help lure it back into her house in Stamford, Connecticut.
Ms Nash was blinded in the attack. She underwent a face and double hand transplant in 2011, but the hands failed to thrive because of complications and were removed.The animal, named Travis, went berserk and ripped off Ms Nash's nose, lips, eyelids and hands before being shot to death by police.
She said yesterday she still hopes to get a double hand transplant.
Chimpanzee attack victim Charla Nash after the attack, left, and post-face transplant surgery, right. Picture: Brigham and Womens Hospital, Lightchaser Photography Source: AP
Charles Willinger, Ms Nash's attorney, said his client lives in a nursing home outside Boston "in total darkness," ''without eyes, without hands."
He said she is "permanently scarred, emotionally, physically" and will never be able to see her daughter again or hold her hand.
He said Ms Nash "endures loneliness, despair and suffering beyond anyone's comprehension in this room," and urged Mr Vance to be the "conscience of this state" when deciding whether to allow her to sue.
Ms Nash described her feelings of loneliness to reporters.
"I miss home," said Ms Nash, who wore sunglasses and a turquoise top, and was accompanied by her brother Steve. "You know, when you're in a facility, you're alone. It's hard. But I'm thankful that I'm still here."
Charla Nash next to a cage containing the chimpanzee Travis before the attack. Source: Supplied
Assistant Attorney General Maite Barainca told Claims Commissioner J. Paul Vance Jr. that Ms Nash deserves sympathy for her plight and admiration for the courage she has shown in dealing with her situation, but argued that the state should not be held liable for actions of the privately owned animal.
"There is no claim that the state directly caused Ms Nash's injuries. The state did not own or possess the chimp that attacked her" and played no role in letting the chimp loose that day in 2009 on private property, said Mr Barainca.
Mr Willinger, representing Ms Nash, said millions of dollars in bills are mounting.
"She's on I think 17 different medications. She needs operations. She needs therapy. One day she's going to need special accommodations in her home. She's going to need 24-hour care," he said, adding how no one knows how long Ms Nash's face transplant will last. "There are tremendous, significant bills and it's a situation of really quality of life."
Travis, a 10-year-old chimpanzee, in his playroom. Source: Supplied
Commissioner Vance is expected to issue a decision on the state's motion to dismiss the case within 30 days. If he rules in favour of the state, Ms Nash cannot proceed with a hearing on the merits of her claim. She could, however, appeal to the General Assembly and ask state legislators to overrule the commissioner's decision.
If, however, Comissioner Vance denies the state's motion to dismiss, a trial-like hearing will be held before him. Mr Vance would then have to decide whether to allow Ms Nash to sue the DEEP in superior court.
Mr Willinger contends that Travis the chimp had been on the state agency's radar since 2003, when it escaped from its owner and ran loose in Stamford. It was the only chimpanzee in the state and was commonly referred to as "the gorilla in Stamford."
State officials have contended they did not have the authority to seize the animal.
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Several months before the attack, a state biologist warned state officials in a memo that the chimpanzee could seriously hurt someone if it felt threatened, saying "it is an accident waiting to happen."
In October 2008, the biologist warned that the chimpanzee had reached adult maturity and "is very large and tremendously strong." The biologist said, "I am concerned that if he feels threatened or if someone enters his territory, he could seriously hurt someone."
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