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This episode is brought to you by the Weather
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podcast. Ask more of what you
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love with the Weather Channel app. On
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September 26, 1991, Capitol Hill was on edge. There
0:36
was a big congressional hearing that morning, and
0:38
nobody was sure if the star witness was
0:40
going to make it. It
0:48
was around 9 a.m. when her wheelchair rolled
0:50
into the hearing room. She
0:52
was immediately swarmed by photographers. The
1:00
woman everyone had come to see was
1:02
Kimberly Bragales. Millions of
1:04
Americans had heard her story. Now
1:07
it was obvious that she didn't have much time
1:09
left. She was 23 years
1:11
old and weighed just 70 pounds. Her
1:15
hair was short and wispy, and she
1:17
wore a blazer decorated with pale flowers.
1:21
As the cameras closed in, her eyes stayed
1:23
pointed at the floor. Someone
1:30
kneeled down and clipped a microphone to
1:32
Kimberly's lapel, a few inches from the
1:34
crucifix that dangled from her neck. Then
1:38
the chairman of this House subcommittee,
1:40
California's Henry Waxman, made some very
1:42
brief opening remarks. Normally at
1:44
a hearing such as this, the members of
1:46
the committee would do a lot of talking.
1:50
I think today we ought to be here
1:52
to listen to the witnesses. Mr.
1:54
Bragales. The
1:58
room fell silent, except for the clicking
2:00
camera shutters. Kimberly
2:02
could barely speak, but she
2:04
mustered the strength to make one last
2:06
public statement. I'd
2:08
like to say that AIDS is a terrible
2:11
disease and she must take seriously. I
2:14
did nothing wrong, yet I'm being made to
2:16
suffer like this. My life has been
2:18
taken away. Please
2:20
enact legislation to let no other
2:23
patient or health care provider go
2:26
through the hell that I have. Thank
2:28
you. By
2:32
the end of 1990, AIDS had killed more than 100,000 Americans. Most
2:37
of those victims were gay and bisexual
2:39
men. But in many ways,
2:42
the face of the epidemic was
2:44
Kimberly Bragales. Kimberly
2:46
had been on the cover of People magazine
2:48
and featured on The Oprah Winfrey Show, a
2:51
young, attractive, straight woman devastated
2:53
by a cruel disease. But
2:56
the press and the public didn't just
2:58
find Kimberly fascinating because of who she
3:00
was. They were also
3:02
captivated and terrified by how she'd
3:04
gotten AIDS. Her
3:07
account of it was scandalous and strange,
3:09
almost unbelievable. She
3:11
said that she'd been infected by her
3:13
dentist. That
3:16
claim would grab America's attention and
3:19
create a monumental controversy. The
3:24
man who Kimberly Bragales believed had infected
3:27
her would be made into a villain
3:29
without America ever knowing who he really
3:31
was. And even
3:33
now, more than 30 years later,
3:35
Kimberly's own story remains incredibly thorny.
3:38
It's about facts and fiction, life and
3:41
death, and how we decide
3:43
who's guilty and who's innocent. This
3:45
dying girl decided to take on the nation.
3:48
If she were a person of colour, a gay
3:50
man, I don't think the public
3:52
would have been as accepting of her as
3:54
a hero. There's really no us
3:56
or them in this. There
3:59
is... was
6:00
definitely wrong. By
6:03
Christmas, Kimberly had gotten too weak to manage
6:05
on her own. She moved
6:07
back home to Florida's Atlantic coast. Her
6:10
parents often had to carry her around the house.
6:14
Doctors checked her out for everything. Diabetes,
6:17
hepatitis, leukemia. Her
6:20
mother, a public health nurse, thought it might
6:22
be something else. She said
6:24
to me and to my father that a lot of
6:26
these symptoms are symptoms of AIDS. She sees it up
6:28
at the clinic. Her first
6:30
HIV test wasn't conclusive. The
6:33
second came back positive. I
6:35
was in shock, deep
6:38
shock. I couldn't believe
6:40
that this had happened. Kimberly
6:43
was 21 years old at a
6:46
time when HIV was basically a death
6:48
sentence. And she had no
6:50
idea how she'd gotten infected. You
6:52
just go insane
6:54
with bots trying to figure out how did this happen. The
6:57
first thing that struck me was really
6:59
how young she was. Dr.
7:02
Carol Siselsky worked at the Centers
7:04
for Disease Control in the AIDS
7:06
Surveillance Branch. Which is like the
7:08
CDC detective. So yeah, I did feel like
7:10
a medical detective. State health
7:13
departments asked for Carol's help when they couldn't
7:15
figure out how someone got HIV. In
7:18
March 1990, she went to Florida to pitch
7:20
in on the Kimberly-Brigalis case. That
7:23
included interviewing Kimberly in person. She
7:25
was very interested in talking to us to
7:28
try to figure things out. HIV,
7:30
the virus that causes AIDS, gets
7:32
passed from person to person through
7:34
blood and other bodily fluids, including
7:36
semen. A few of the most
7:38
common risk factors didn't apply to
7:41
Kimberly. She wasn't an intravenous
7:43
drug user and she'd never gotten a blood
7:45
transfusion. As for sexual
7:47
transmission, that was more of an open
7:49
question. Kimberly said that
7:51
she'd had some sexual contact, but
7:54
never intercourse. Carol pressed
7:56
her to describe exactly what she'd done.
7:59
Kimberly said later that the questioning was pretty
8:01
rough. When you were on a date
8:03
with so-and-so, you tell us what really happened on that
8:05
date and, you know, where
8:08
was his hand and where was your mouth?
8:10
I just felt sorry for her because, you
8:12
know, it was so uncomfortable. You know,
8:14
I'm from the government. We're here to
8:16
talk about your sex life. But,
8:18
I mean, they were very necessary questions, obviously.
8:21
Carol could tell that Kimberly was embarrassed,
8:24
but she answered the questions and gave
8:26
the names of two boyfriends. When
8:28
the CDC tracked them down, both
8:30
tested negative for HIV. That
8:33
meant sexual transmission was looking unlikely,
8:36
but Carol had one more avenue left to
8:38
explore. And then we talked about, you know,
8:41
her medical history, and then we got to
8:43
the point of her dental extractions. In
8:46
December 1987, when Kimberly was 19 years old, she
8:50
went to a dentist in Jensen Beach, Florida
8:52
to get her bottom molars pulled. We
8:55
talked about the procedure and she said that
8:58
she remembered he wore gloves and a mask and
9:00
she was awake the whole time and, you
9:03
know, it was sort of uneventful. But
9:05
then she said, but, you know, I've heard there's some
9:07
rumors that he might
9:09
have AIDS. It's only a rumor,
9:11
but I thought that's the only person that
9:14
I was exposed to that has AIDS. And,
9:16
you know, that seemed
9:19
like the only possibility. Even
9:21
if those rumors were true, it
9:23
seemed like the longest of long shots
9:25
that he'd given Kimberly HIV. There
9:28
had never been a case of transmission
9:30
from an infected healthcare worker to
9:32
a patient. Carol was
9:34
skeptical, but she couldn't rule
9:36
out the dentist theory until she'd done
9:38
more investigating. That meant dropping
9:40
in on the dentist. His
9:42
name was David Acker. He
9:45
was 40 years old and he lived in a
9:47
brick and stucco home with a fenced-in backyard and
9:49
a fishing boat in the garage. It
9:51
was at his house. You know, he
9:53
didn't really know what we were coming there for. Carol
9:56
noticed right away that he was sick. I
9:59
just remember him. Like sitting back sort of I
10:01
think was on a lounge chair and like
10:03
would be was very thin. He and his
10:05
color. Wasn't very good. The.
10:08
Rumors were true. David. Actor
10:10
did have Aids. She told Carol
10:12
that he'd gotten tested outside of
10:14
town to avoid the stigma that
10:16
came with being Hiv positive. He
10:18
said that he was bisexual and
10:20
believed he'd been infected by a
10:22
sex partner. He took out Timberly
10:24
Brick Alice's molders three months after
10:26
his initial diagnosis. Doctor.
10:28
After had no legal obligation to
10:30
reveal his Hiv status to his
10:32
patients, but he said he always
10:34
took precautions, including wearing gloves at
10:36
a time when the Cdc didn't
10:38
officially recommend them for dentists. She.
10:41
Shut down as practice in the summer of
10:43
Nineteen Eighty Nine when he became too sick
10:45
to work. When. Patients asked about
10:47
doctor after they were told he had
10:49
cancer. Now. In Nineteen
10:52
Ninety, Carol explained why she'd come to
10:54
see him. We're. Here because
10:56
we're beginning and investigation as
10:58
a case of days in
11:00
a former patient of yours
11:02
who. In at this point we don't
11:05
know how she got it and he does.
11:07
He seemed really. Shocked and
11:09
blown away. For. Confidentiality
11:11
Reasons: Carol couldn't tell him which
11:13
former patients he was talking about.
11:16
But. She remembers Doctor Anchor been very
11:18
compassionate and concerned about that person's
11:21
while being. At. The same
11:23
time, he didn't think it was possible that
11:25
he could have transmitted Hiv to anyone who
11:27
sat in his dental chair. Like
11:29
assess what I say. well if there's one way
11:31
to know for sure, if we can have a
11:33
sample of your blood and and tested. Doctor.
11:36
After didn't hesitate. He. Told
11:38
Carol to go ahead. We. Sat
11:40
it has kitchen table and I do with
11:42
blood and and we went back to the
11:45
health department checked his up and send it
11:47
off to Atlanta. The
11:49
Cdc had collected Kimberly's blood to
11:51
and sent off both samples for
11:53
genetic testing. This. Was a totally
11:55
new concept. No. one had ever
11:57
done dna analysis to figure out of
12:00
one One person had transmitted HIV to
12:02
another. Scientists
12:04
in Georgia, New Mexico, and Scotland took
12:06
up that challenge. And when their
12:08
tests were done, they all reached the same
12:10
conclusion. These two strains
12:12
of HIV were a very close match.
12:16
They were very similar, I think
12:18
like 96% identical between the dentist
12:20
and the patient. Terrell
12:23
and the rest of the CDC now
12:26
believed it was likely that Kimberly Bergalis
12:28
had been infected by David Acker. That
12:31
meant they were looking at the first
12:33
documented case of a healthcare worker transmitting
12:35
HIV to a patient. And
12:37
the implications were enormous. If
12:40
there was even a slim chance to
12:42
get HIV during an ordinary dental procedure,
12:44
that message would scare a lot of
12:47
people. The fear of AIDS
12:49
was already off the charts. So
12:51
before the scientists said anything publicly,
12:54
they thought hard about how confident they really
12:56
were. It was a
12:58
big decision because if it turns
13:00
out it wasn't true, we would
13:02
be accused of fueling all the
13:04
hysteria that resulted. After
13:07
weeks of debate, the CDC made its
13:09
final decision in July 1990. They
13:12
were going to publish an article telling the world
13:14
what they knew about the dentist and his patient,
13:16
but with a note of caution. They
13:19
said that the possibility of another
13:21
source of infection cannot be entirely
13:23
excluded. I remember I
13:25
was sitting in that office when they pushed
13:27
a little button that says send and I
13:30
was like, okay, here we go. Reporting
13:33
from NBC News headquarters in New York
13:36
is Jane Paulin. Good
13:38
evening. On July 26, Kimberly
13:40
Bergalis was with her parents watching
13:42
the evening news. Through sex, drug
13:45
use, transfusions of tainted blood, these
13:47
are the ways we have understood
13:49
the AIDS virus is transmitted. But
13:52
today it was disclosed that for the
13:54
first time, a patient was infected with
13:56
the AIDS virus by her dentist. Lead
14:00
with a note of caution. They
14:02
were saying definitively that a patient
14:04
was infected by her dentist. And.
14:06
More, the Cdc hadn't identified her by
14:08
name. It took Kimberly just a few
14:10
seconds to figure out that she was
14:13
that patients. So. It came out
14:15
without her being told. There. Was
14:17
horrible. it seems. cold hearted.
14:21
The. Cdc had struggled over whether to
14:23
give Kimberly a heads up, but ultimately
14:25
they decided that they couldn't. Because.
14:27
They had an obligation to protect
14:29
David actors confidentiality. Kimberly
14:31
and her family felt outraged that they've been
14:34
kept in the dark. Here when I'd
14:36
asked about the dentist as how are you settling
14:38
into the center semis and I thought they probably
14:40
did looking in the dentist that that arts and
14:42
passive on and just dropped it. Little
14:45
that I know. That.
14:47
Nbc Nightly News was just the start.
14:49
In the months that followed, there were
14:52
stories about the dentist and his patient.
14:54
everywhere. There is mounting concern that a
14:56
trip to the dentist could be hazardous
14:59
to your health. There are five thousand
15:01
health care workers or Hiv carriers. In
15:03
my opinion. they're all loaded. Got. The
15:08
American Medical Association in the American
15:10
Dental Association pushed back at his
15:12
alarm his claim they said the
15:14
Cdc his report was sketchy and
15:16
premature and causing unnecessary anxiety. My
15:18
fear is that we're going to
15:20
end up having a sense that
15:22
are going to be a spherical
15:25
about go into the debt up.
15:27
There were still so many unanswered
15:29
questions. This is really happened. How
15:31
could it have happened and who
15:33
else might be in danger. After
15:36
the Cdc released it's report. Florida.
15:39
Health officials pleaded with David Acker to go
15:41
public so the people he treated with know
15:43
they might be a risk. On.
15:46
August Thirty first, Ninety Ninety. The same
15:48
day he was transferred to hospice care,
15:50
the dentist signed his name to a
15:52
letter. It. Began to my
15:54
former patients. I am d
15:56
The Jasper. And I have Aids.
16:00
The announcement was printed by the Stuart Daily
16:02
News. I have AIDS and
16:04
for your peace of mind, I suggest you
16:06
contact the local health department for free testing.
16:09
David Acker did more than just urge his patients
16:12
to get tested. He also
16:14
defended his own character. The
16:16
letter said, I am a gentle man
16:19
and I would have never intentionally exposed
16:21
anyone to this disease. I
16:23
have cared for people all my life and
16:26
to infect anyone with this disease would
16:28
be contrary to everything I have stood
16:30
for. Those
16:32
words would be his obituary. Last
16:35
night there was an announcement by Dr. Acker's
16:37
lawyer. Monday, Dr. Acker
16:40
passed away. David
16:44
Acker died of AIDS on September 3rd, 1990,
16:47
just three days after he'd signed that letter.
16:50
While the public now knew the dentist's
16:52
name, the patient's identity was still a
16:54
mystery. But it wouldn't be for
16:56
long. Today, after months in
16:59
seclusion, 22-year-old Kimberly Bergalis came forward
17:01
and said she was the patient
17:03
government scientists believe was infected with
17:05
the AIDS virus. We'll
17:10
be back in a minute. Hey
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everybody, it's Tim Heidecker. You know me,
17:24
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19:02
Before anyone else could tell her
19:04
story, Kimberly Bregalis wanted to tell
19:06
it herself. This isn't something you
19:08
can just sit back and
19:10
die from it and not let anyone know how this happened
19:12
to you. The first patient
19:14
believed to have gotten AIDS from a health
19:17
care professional went before the public today, more
19:19
than a month after investigators reported the case
19:21
involving her dentist. On September
19:23
7th, 1990, Kimberly
19:26
stood up at a news conference and said that
19:28
she was the one the CDC had been talking
19:30
about. What we've gone through
19:32
is an injustice. She said
19:34
that she'd been totally healthy before the
19:36
dentist David Acker took out her molars.
19:39
Now she was gravely ill, overcome
19:41
with a nearly constant fever and
19:44
crippling fatigue. But Kimberly told
19:46
the media that she was on a mission. She
19:49
wanted to make sure no one else would suffer
19:51
like she had. I think if
19:53
I can prevent this from happening to another family, then
19:55
I think that's what needs to be done. In
19:58
that room, packed full of reports, her parents
20:00
were far less measured. Today, Kimberly's
20:02
mother described her family's
20:04
ordeal. Hell. Hell.
20:06
Absolutely hell. If there's a hell
20:09
on Earth, we're here now. It
20:11
could have been prevented. It's the
20:13
bottom line. It could have been prevented. Didn't have to
20:15
happen. George Bragales
20:17
said that his daughter's only shortcoming was
20:20
her faith in the health care agencies. They failed, and she
20:22
paid the price. Now
20:25
the Bragales family is still in
20:27
the hospital. The dentist accused of transmitting
20:29
AIDS to Kimberly Bragales says Dr. David Acker. Bragales
20:34
is suing his estate and his insurance company
20:36
for unspecified damages. Before
20:38
she came forward in early September 1990, no
20:41
one had any idea who Kimberly
20:43
Bragales was. Now, in an instant, it seemed
20:45
like everyone in the country knew her name.
20:49
I guess you've been seeing me in the newspapers and on
20:51
TV, and
20:53
I'm not sure what you're talking about. You've
20:55
been seeing me in the newspapers and on TV. I
20:58
have a disease called AIDS. She has forged
21:00
ahead with press conferences, numerous
21:03
interviews and magazine articles, all
21:06
to force change. Kimberly appeared
21:08
on CBS this morning and The Today Show,
21:10
and she was on the cover of People
21:12
magazine. A photo that ran
21:14
across two full pages inside showed
21:17
her frail body curled beneath a blanket. A
21:20
few months later, on the Oprah Winfrey Show, she
21:22
talked about the emotional toll of her diagnosis. I'm
21:24
angry, I think. I shouldn't
21:27
be here. I should be out dating with
21:29
my friends, and I have a lot of
21:31
anger. This shouldn't have happened. That
21:34
story in People magazine said that all who know
21:36
her agree that Kimberly is the last person they
21:40
would have thought might get AIDS. Her
21:42
father, George, put it more bluntly. He
21:45
said that his daughter's sickness would have been
21:47
easier to accept if she'd been a slut
21:49
or a drug user. despite
22:00
her Catholic upbringing, her decisions around
22:02
sex weren't a religious thing. It's
22:05
just that I never really met the
22:08
right person. You know,
22:10
I dated a lot of people, but it was never, it never
22:13
clicked. Not everyone took her word for
22:15
it. On CBS's 48 Hours,
22:17
correspondent Erin Moriarty gave voice to
22:20
some of that skepticism. You
22:22
can understand, I mean, it's hard
22:24
for some people to believe that somebody is 22
22:27
years of age, a young girl, Miss Day and
22:29
Age, is a virgin who never had any kind
22:31
of sexual experience. Well, it's not
22:33
as if I wasn't dating,
22:36
but I just never had
22:38
sexual intercourse. All sorts
22:40
of journalists were pushing her, asking for
22:42
answers about what exactly she'd done with
22:44
her boyfriends. I don't think
22:46
anyone believed at the time that she was a
22:49
virgin. That's Michael Cheek.
22:51
In 1990, he was a young reporter at the
22:53
Stewart News in Florida. He was
22:55
assigned to Kimberly's story from the very first
22:57
press conference. My job
22:59
was to get her to share with
23:02
me the details of her life
23:04
in a way so that I could poke
23:06
holes in it. Michael was
23:08
just out of college, close to the same
23:10
age as Kimberly, but in his newsroom, he'd
23:13
already earned a reputation for getting people to
23:15
talk. I requested to have
23:17
an interview with her. It
23:19
turned out that she needed to go
23:21
to Miami where
23:24
she was having treatment. I
23:27
volunteered to drive her. What do
23:29
you remember about that drive? We
23:31
had a formal interview at the beginning and we had
23:33
a formal interview at the end, but
23:36
most of the drive was more about
23:38
just talking and getting to know each
23:40
other. We talked about
23:42
her life in college. We talked about what
23:44
happened when she got sick. I
23:49
told her very early on I was gay. She
23:52
acknowledged her father was
23:54
very homophobic. She would actually say, I'm not
23:56
like my dad. Michael
24:00
also asked Kimberly about her sex life, and
24:02
by the time the car ride was over, his
24:05
skepticism had melted away. And
24:08
I found her absolutely genuine.
24:12
I believe her. I
24:14
don't think she got it from
24:16
any other person other than the
24:18
dentist. That
24:20
was Michael's journalistic hunch. But
24:23
the American Medical Association and the
24:25
American Dental Association were still skeptical
24:27
of the dentist theory. Regardless
24:30
of Kimberly's sexual history, they thought
24:32
the scientific evidence was paltry and
24:35
unproven. But it wouldn't
24:37
be long before the dentist theory started
24:39
looking stronger. Because
24:41
Kimberly Brigallis wasn't the only one of
24:43
David Acker's patients to get infected with
24:45
HIV. In
24:50
1988, Lisa Shoemaker was in
24:52
her early 30s and living in Jensen
24:54
Beach, Florida. I was unfortunately
24:57
a part of a carnival. That's
25:00
how I ended up in Florida. We
25:02
owned a cotton candy wagon and
25:04
a fried vegetable wagon. Lisa
25:07
found that carnival pretty miserable, and
25:09
she didn't like Florida much either. She
25:12
hated the weather and the bugs. And
25:14
then in the summer of 1988, it somehow got
25:16
even worse. I had two
25:18
abscess teeth, one on each side,
25:21
so I couldn't do anything. Lisa
25:24
found someone close by who called himself
25:26
the painless dentist. His name was David
25:28
Acker. It looked like a
25:31
good dental office, and it looked clean.
25:33
People were friendly. She got to
25:36
know that office very well, going about 12 times. Lisa
25:39
says that she never had much of a rapport
25:41
with Dr. Acker, but he did do her
25:43
a favor once. I loved to
25:45
be a vampire for Halloween. And
25:49
I asked him if he could make me some
25:51
teeth, you know, like vampire fangs. And
25:53
he did do that. I thought that was nice.
26:00
She started going to Dr. Acker's office. Lisa
26:02
found her boyfriend's journal and discovered he
26:04
was cheating on her with men and
26:06
women, so she decided to get
26:08
tested. They told me over the
26:10
phone, you are HIV positive. Lisa
26:14
was devastated and confused because
26:17
her boyfriend, strangely, was HIV
26:19
negative. All she could
26:21
think to do was move back to Michigan where her
26:24
parents lived and try to get the care she needed.
26:27
Two years later, in 1990, Lisa's
26:29
father told her about a news story he'd just
26:32
read. It was about a
26:34
dentist who died of AIDS and who'd possibly
26:36
infected one of his patients. And
26:38
he said, what was that dentist's name that you
26:40
saw in Florida? And I told
26:42
him what it was. The
26:45
man in the newspaper was David Acker. And
26:47
I said, I think that's it. At
26:51
this point, Lisa and her dad decided to
26:53
contact the CDC. I wanted to
26:55
know. I wanted to know exactly how it
26:57
happened. The CDC
26:59
saw Lisa's situation as very different
27:01
from Kimberly Bragales's. While
27:04
Kimberly didn't have any obvious risk
27:06
factors, Lisa did, her ex-boyfriend.
27:08
And when the CDC asked
27:10
him to get retested, this time he
27:13
was HIV positive. That
27:15
seemed like the answer Lisa had been looking for. But
27:18
when the CDC sent off a sample of her
27:20
blood for genetic testing, they got back
27:22
a surprising result. It showed
27:24
that it was from the dentist himself. It
27:27
was confirmation. Ultimately,
27:29
the CDC would find six former
27:32
patients who tested positive for HIV
27:34
and whose strain of the virus
27:36
closely matched David Acker's. That
27:38
was hard to view as a coincidence. It
27:41
was looking more and more certain that the
27:43
dentist had infected a whole group of people
27:46
who'd passed through his office, including Kimberly Bragales.
27:49
But the CDC and its leaders still couldn't
27:51
explain how. If we
27:53
look at the epidemiology and
27:56
the sequencing, together they indicate
27:58
a very high likelihood. that
28:00
this happened. There's no doubt
28:02
that this particular case is an
28:04
extremely unusual one. One
28:07
theory was that a specific piece of
28:09
equipment, a drill that Dr. Acker used
28:11
on all the patients, wasn't properly sterilized.
28:14
It was also possible that he accidentally
28:17
jabbed himself, threw his gloves, on a
28:19
needle or a patient's teeth. Maybe
28:22
that could have even happened six different
28:24
times, because he was tired, or stressed,
28:26
or suffering from a tremor or numbness
28:28
in his fingers. And
28:31
then there was a more sinister possibility.
28:34
Now some people feel that Acker intentionally
28:36
infected his patients, either by
28:38
injecting his own blood into their mouths
28:41
with anesthetic, or by using instruments on
28:43
himself and not cleaning them properly. There
28:46
wasn't any good evidence to support the idea
28:48
that David Acker had done this on purpose,
28:51
but that theory did get floated a lot.
28:54
On ABC's 2020, Barbara
28:56
Walters made it sound like Dr. Acker
28:58
was a sinister gay villain. An
29:01
avid sportsman, he had what appeared to
29:03
be a quiet and rather non-desperate lifestyle.
29:07
How a few people knew is that he
29:09
drove to the gay bars in West Palm
29:11
Beach in Fort Lauderdale, where he
29:13
could enjoy a completely different life. He
29:16
kept thinking. He
29:18
was gay, he knew he was positive, he
29:20
was a villain, and Kimberly Regalish, she was
29:23
an innocent victim, and that was the story.
29:25
So that of course made me very angry.
29:28
That's David Barr. He was the Assistant
29:30
Director of Policy at Gay Men's Health
29:32
Crisis, when the Kimberly Regalish story was
29:34
dominating the news. It
29:36
made me angry that there would be so
29:39
much media attention on how
29:41
did this person get HIV, and
29:44
much less attention paid to how
29:46
are we responding to this very
29:48
large public health crisis. That's
29:51
a bigger story to me than one
29:53
infection in Florida. David had
29:55
found out he was HIV positive in 1989, and he
29:57
saw first that
30:00
told that HIV and AIDS were taking on
30:02
gay men. The death was
30:05
constant. There was no time to really
30:07
stop and take it all in. You
30:09
had to just kind of, it was war-like. But
30:11
I think what made me most angry was just there was
30:14
virtually no response from the government.
30:18
So it was really
30:20
left to the community to sort
30:22
of handle everything. Instead
30:24
of being seen as victims in need of
30:27
support, men like the dentist David
30:29
Acker were shunned as vectors of the disease.
30:32
The press always portrayed sort of
30:34
that gay man that
30:36
we'd brought this on ourselves through
30:38
our behavior. In the
30:41
letter Dr. Acker wrote to his patients before
30:43
he died, he'd call himself a
30:45
gentle man. But those words
30:47
of self-defense were the only defense
30:49
he'd get. No one wanted to
30:51
be associated with David Acker. Michael
30:54
Cheek, the reporter for the Stewart News
30:56
in Florida, had a tough time finding
30:58
anyone who'd speak up for the dentist.
31:00
He was vilified in that community
31:03
after Kimberly came forward and the
31:05
news coverage continued about her. Michael
31:08
was one of the few out gay
31:10
men in Stewart, a small conservative city.
31:13
But after spending time with Kimberly Bregallis,
31:15
he saw the story through her
31:17
eyes, not David Acker's. And
31:19
I'm sure it creeped into my writing. He
31:22
was just this villain
31:24
that had done something to this beautiful
31:26
human being I'd met. And
31:28
I even stopped calling him Dr.
31:30
Acker or David Acker. I just
31:32
called him Acker. The
31:35
more stories Michael wrote, the simpler it all
31:37
seemed to him. But then
31:39
something happened that shifted his perspective.
31:42
It all started at a shopping mall. And
31:44
I'd gone to the bookstore and I was going to go
31:46
to the food court to grab a bite to eat. And
31:49
I bumped into someone who I knew from
31:52
a story I'd written before and
31:54
gotten to know a little bit. And he
31:56
looks at me and he says, I don't
31:58
like what you're writing. about David right
32:01
now. I
32:03
kind of had this confused look on my face,
32:05
I'm sure, and I said, David,
32:08
who's David? And
32:10
he said, David Acker. This
32:13
was someone who'd known David Acker, who
32:15
called him by his first name. And it
32:18
wasn't just that they were both
32:20
part of a community of closeted gay men
32:22
and Stewart, a group that Michael
32:24
hadn't known existed. And
32:26
that's when he told me about
32:28
the Thursday nights at a local
32:30
furniture store. There
32:33
were no gay bars anywhere near Stewart.
32:35
So that furniture store was the one
32:38
place in town where David Acker and
32:40
his friends felt safe being themselves. You
32:43
went in the back door after closing
32:45
hours. And this group
32:47
of older gay men would socialize
32:49
with each other, drink,
32:52
hang out, talk. And
32:54
I got an invitation. When
32:56
Michael showed up at the furniture store, he found
32:59
a group of six or seven people. And
33:01
they all wanted to tell him about David, just
33:04
how kind he was. All
33:06
of them went to him at his
33:08
dental practice. He
33:10
sometimes wouldn't even charge them for his
33:12
services, because some of them couldn't afford
33:14
it. But he would take care of
33:16
them because he cared for them. One
33:20
of them told me a story about his home
33:22
flooding. And David
33:24
showed up at his door with a shop
33:26
vac to help him clean up. Now
33:31
Michael was seeing the story differently through
33:33
the dentist size. He
33:35
wanted to write about this David Acker, the
33:38
pillar of his community, a man
33:40
who was loved and mourned. But
33:42
none of David's friends were willing to be
33:44
quoted and risk outing themselves. I
33:47
asked every one of them. I
33:49
went back to them multiple times. And
33:52
it was always no, they were
33:54
too fearful. Do you think it would
33:56
have made a difference in terms
33:58
of attitudes? towards David
34:01
Acker if that story had been allowed
34:04
to be published? Honestly,
34:07
no. The
34:09
world wanted to vilify
34:11
gay men with AIDS.
34:18
Let's take a quick break. Add
34:32
a little curiosity into your routine with TED
34:34
Talks Daily, the podcast that brings you a
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new TED Talk every weekday. In less
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than 15 minutes a day, you'll go
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beyond the headlines and learn about the big
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34:44
up, how AI will change the way we communicate,
34:46
how to be a better leader, and more. Listen
34:49
to TED Talks Daily wherever you get
34:52
your podcast. It's
34:57
an antiviral medication. It
35:00
takes me a while to drink it. I don't like the taste of it. Ugh.
35:04
Yum. By January
35:06
1991, Kimberly Bregallis
35:09
had been dealing with AIDS symptoms for
35:11
more than a year. Despite the medication
35:13
she was taking, her health was clearly
35:15
declining. But she mustered the strength
35:17
to keep on telling her story. If
35:20
you have something, an infectious
35:22
disease, that you can transmit
35:24
to another person, that person needs to be
35:26
aware of it. Because it's their
35:28
life you're playing with. The Bregallis
35:31
family had made that exact case in a
35:33
civil lawsuit, claiming the dentist David
35:35
Acker had a responsibility to tell his
35:37
patients he had AIDS. That
35:39
turned out to be a winning argument. They
35:41
got a $1 million settlement from one insurance
35:43
company and an undisclosed amount from
35:46
another. But Kimberly didn't have
35:48
much use for money. She was
35:50
dying. And she wanted to leave a legacy. The
35:53
way I feel is informed consent is very important.
35:55
I was never given that chance to get up
35:57
and walk out. And look what happened. Kimberly
36:00
believed that she was proof that it should
36:02
be mandatory for healthcare workers to get tested
36:05
for HIV. And she wasn't alone
36:07
in that opinion. I did agree
36:09
that if it was a healthcare where they're
36:11
doing invasive procedures of any kind, yes, you
36:13
should have gotten tested. Lisa
36:15
Shoemaker again. She was one of the
36:17
other patients whose strain of HIV was
36:19
a close match for Dr. Akers. If
36:22
you are infected or infectious to somebody, you want
36:24
to watch it and make sure you're not hurting
36:26
someone else. In
36:29
1991, it felt like momentum was building, that
36:32
mandatory testing might become a reality.
36:35
Sources say CDC officials may recommend
36:37
that certain doctors be routinely tested
36:39
for AIDS and that those infected
36:42
be restricted from surgery or other
36:44
invasive procedures. A lot
36:46
of Americans thought that sounded reasonable, but
36:49
AIDS activists were horrified. There
36:52
were all sorts of mandatory testing
36:54
proposals floating around, but pushing
36:57
to test healthcare workers was, I
36:59
think, particularly ominous. That's
37:02
David Barr again. As an
37:04
HIV-positive gay man and the assistant director
37:06
of policy at Gay Men's Health Crisis,
37:08
he believed that mandatory testing would actually
37:11
make the epidemic worse. Because
37:13
even without compulsory tests, it was extremely
37:15
tough to find anyone to work with
37:17
patients who had HIV and AIDS. There
37:21
were a lot of healthcare workers who refused to
37:23
touch people with HIV. A lot
37:25
of the healthcare workers who would work with
37:27
people with AIDS were gay, so they were
37:30
more likely to have HIV. So
37:33
we were concerned that mandatory testing would
37:35
only make it harder to get healthcare
37:37
workers working on AIDS in the first
37:39
place. This wasn't
37:41
just a theoretical concern. There were
37:43
more than a dozen known cases
37:46
where an HIV-positive healthcare worker lost
37:48
their job after their status got
37:50
revealed. That discrimination was
37:52
motivated by fear, not science,
37:54
because when doctors and dentists
37:56
practiced universal precautions, like wearing
37:58
gloves and pro-dependence, properly sterilizing
38:00
their equipment, there was almost no
38:03
risk of HIV transmission. And
38:05
there were many people who
38:08
had been treated by HIV-positive
38:10
healthcare workers, and you weren't
38:12
seeing infections. So this was
38:15
unnecessary. Yeah, but there is a risk.
38:17
The risk is there. That's
38:19
where Kimberly Bragales came in. Her
38:21
case showed the transmission was possible.
38:24
And it could happen to anyone. You know, yeah, that
38:26
risk is small, but I'm the one that came down
38:28
with it. It happened, and
38:31
it took my life away. In
38:33
that interview, which got broadcast
38:35
in early 1991, Kimberly sounded
38:37
like herself. But by
38:39
the summer, she'd become incredibly frail.
38:42
And when a reporter asked her a question, her
38:45
response was barely audible. Do you
38:47
see yourself as
38:50
sort of the representative of AIDS
38:52
victims nationwide? Yes, I
38:55
do. It doesn't matter how
38:57
they got it. It's
38:59
a disease. It's AIDS. And
39:01
it's horrible. Kimberly's
39:04
strongest statement came in a letter released
39:06
by her attorney. It was
39:08
directed at the bureaucrats she believed had cast
39:10
doubt on her story and
39:12
the policymakers who hadn't taken action to
39:15
prevent other cases like hers. And
39:17
it was incredibly angry. She
39:20
wrote, I blame Dr. Acker
39:22
and every single one of you
39:24
bastards. Anyone who knew Dr.
39:27
Acker was infected and had full blown AIDS
39:29
and stood by not doing a damn thing
39:31
about it. Her
39:33
family members read more from the letter and
39:35
the documentary never say goodbye. Unless
39:38
a cure is found, I'll be another one of
39:40
your statistics soon. You know what it's like to look
39:42
at yourself in a full length mirror before you shower
39:44
and you only see a skeleton? If laws
39:46
are not formed to provide protection, then my
39:48
suffering and death was in vain. I'm
39:51
dying, guys. Goodbye. And
39:54
that was a letter from Kimberly. Forgot
39:56
it. In July 1991,
40:00
Kimberly's words made it to the floor of
40:02
the United States Senate, thanks to Jesse
40:04
Helms. I never used
40:06
IV drugs. Never
40:08
slept with anyone. I
40:10
blame Dr. Aser and
40:12
every single one of you bastards." In
40:18
another episode this season, you heard about
40:21
how Helms used Robert Maplethorpe's photographs to
40:23
spread the lie that gay men were
40:25
sexual predators. Now the
40:28
Republican Senator found something to exploit
40:30
in the Kimberly-Brigalis case. Contrary
40:32
to all evidence, he claimed that
40:35
gay doctors were infecting patients everywhere
40:37
with HIV. We
40:39
have sat on our hands and bowed to
40:41
the homosexual lobby time and time
40:43
again. When
40:45
this senator and others have stood on
40:47
this floor pleading that something be done
40:50
about these people who are responsible for the
40:52
spread of AIDS. It
40:56
wasn't just Jesse Helms. Kimberly's
40:58
letter and the cause of mandatory
41:00
testing also caught the attention of
41:02
a California congressman named William Danimeyer.
41:05
It is not unreasonable to suggest in
41:07
the case of this epidemic in America
41:09
that the civil rights of the uninfected
41:11
should take precedence over the civil rights
41:13
of the infected. Danimeyer had
41:15
written an entire book about what he
41:17
saw as the threat of homosexuality, and
41:20
in 1991 he'd become the Bregalis'
41:23
biggest political ally. The
41:25
Republicans sponsored a bill to mandate
41:27
HIV testing and disclosure for health
41:29
care workers. He called
41:31
it the Kimberly-Brigalis Act and asked
41:33
Kimberly herself to testify before Congress.
41:36
Despite her failing health, her family
41:39
accepted the invitation. Kimberly
41:46
traveled from Florida by train, and reporters
41:48
tagged along to document the trip. At
41:54
the Amtrak station, her legs were too feeble
41:56
to bear her own weight, so her parents
41:58
held her up between So
42:01
weak she spent an entire 16-hour train ride
42:03
from Florida to Washington lying in her sleeper
42:05
car, the only way she could make the
42:07
trip. But she refuses to quit.
42:10
This is a horrible disease
42:13
we need to have.
42:15
Mandatory laws. Mandatory
42:17
laws. Yes. You want
42:19
to see doctors test it? Yes.
42:23
In Washington, on the morning of September
42:25
26th, Kimberly was wheeled into a hearing
42:27
room. And
42:29
it was a zoo. It was
42:32
a media frenzy. David
42:34
Barr was also in the room that day. He
42:37
was there to testify against the Kimberly-Brigalis
42:39
Act. And in front
42:41
of her table, it was a mob
42:43
scene of journalists, 30, 40
42:46
people all crammed lying on the
42:48
floor and snapping continually.
42:52
Kimberly spoke for just 21 seconds. I'd
42:56
like to say that age is a terrible
42:58
disease if you must take seriously. I
43:01
did nothing wrong, yet I'm being made to
43:03
suffer like this. My life has been taken
43:06
away. Please, in
43:08
that sense, I just want to say this is
43:10
a notation for how to be a care provider.
43:12
We'll have to go through the hell that I
43:14
have. Thank you.
43:19
Thank you very much. George
43:21
Magallis spoke next for significantly longer
43:23
than his daughter. Chairman
43:26
Waxman, members of
43:28
this subcommittee, my
43:30
wife said this morning on national TV that
43:32
Kimberly is America's shame. Kimberly
43:35
is your shame also. He
43:38
told Congress that the civil rights of health
43:40
care workers weren't his concern. People
43:43
were put here to represent the majority of
43:45
the people, not the minority
43:47
of the people. He
43:49
also dismissed the claim that mandatory testing
43:52
would cost at least a billion dollars
43:54
while saving, at best, a handful of lives.
43:57
Does that type of logic mean... off
44:00
Hitler had been responsible for only a
44:02
handful of Jewish deaths, it would have
44:04
been acceptable. One
44:06
day, we will all be
44:09
held accountable by our ultimate judge.
44:12
We will face that day while at
44:14
clear conscience, will you? When
44:18
her father finished reading his statement, Kimberly
44:20
was wheeled out of the room. And with
44:22
that, most of the press cleared out. But
44:26
the hearing wasn't over. I was
44:28
sitting with two or three other
44:30
people and we were going to testify at the
44:32
table to the left, and there was nobody in
44:34
front of us at all. When
44:37
it was David's turn to speak, he said
44:39
that no other case of AIDS has received
44:41
more attention than that of Kimberly Bragales. He
44:44
told the politicians that he and Kimberly actually
44:46
had a lot in common. They
44:48
were both young and spoke their minds and
44:50
had family and friends that cared for them.
44:53
And then David talked about something else they
44:56
shared. It's the one thing
44:58
that has struck me most about Ms. Bragales,
45:00
the one thing that feels most familiar to
45:02
me, her anger. I
45:04
appreciate and share your anger, Kimberly.
45:06
I too am very angry. Like
45:09
you, I feel that I do not deserve
45:11
this fate. Although we may
45:13
have acquired this virus in different ways, I
45:15
have never asked for this, and neither did
45:17
I have over the 115,000
45:20
Americans who have already died. I am
45:23
angry that our government will criminalize healthcare
45:25
workers instead of allowing them to do
45:27
their jobs. They will test patients instead
45:29
of providing care. They will collect names
45:31
instead of providing treatments that could save
45:34
our lives, yours and mine, Kimberly. Here
45:37
we are together at this circus, being
45:39
pitted against each other. Do
45:41
not allow your case to be used as
45:43
a means to draw attention away from the
45:45
real threat that we, as individuals and as
45:48
a nation, face from AIDS.
45:55
What next for the Bragales family now with
45:57
this behind you? But
46:00
we will continue to speak out. We will
46:02
continue to talk to the press. It's gonna
46:04
happen again. There's gonna be more Kim Bergales
46:06
is happening again. Kimberly
46:10
Bergales and her parents flew home on
46:12
a private jet donated by an air
46:14
ambulance company. Once again,
46:16
a reporter came along for the ride. Wearing
46:19
a wool sweater and covered by a
46:21
blanket, the 23-year-old AIDS victim settled
46:23
in, exhausted from all the excitement,
46:26
no doubt replaying her incredible
46:28
experience in her mind. The
46:30
footage from that plane ride is hard to
46:32
watch. Kimberly is lying
46:34
down and looks totally drained. And
46:37
then her parents say she's up for answering
46:39
one or two questions. You
46:42
think you did your best? Yes,
46:44
I did. Did
46:46
you think your husband did my beat very
46:48
good in this? Yes, I don't
46:50
know if it had any effect on him. Ask
46:53
him. Ask him, please. I'm
46:56
so sorry. I'm so sorry. Back
47:00
home in Florida, Kimberly was bedridden.
47:03
She and her family, since the end, was
47:05
coming soon. I'm
47:07
ready. But I
47:09
just don't seem to be able to go.
47:13
Kimberly could barely speak
47:15
at this time. She
47:18
was skeletal, wasted away
47:20
like too many people did
47:22
from AIDS. Journalist
47:24
Michael Cheek went to see Kimberly in
47:26
December 1991. It
47:29
was very difficult to not
47:31
cry in front of her. The
47:36
one thing I did not write about was
47:39
the fear that
47:41
you could see, because
47:45
I think she knew we
47:48
were there to say goodbye. Kimberly
47:53
Bergalis, the Florida woman who got AIDS from
47:55
her dentist, has died. She was 23 years
47:57
old. Aids
48:01
had now claimed the lives of both
48:03
David Acker and Kimberly Bragales. In
48:06
her final days, Kimberly had gone to
48:08
Washington to try to spark Congress into
48:10
action. But the Kimberly-Bragales Act,
48:12
which faced enormous opposition from medical
48:14
groups and AIDS activists, never made
48:16
it out of committee. The
48:19
mandatory testing bill was dead in the water. It
48:21
didn't go anywhere. So ultimately
48:23
we won that battle. In
48:27
1991, the CDC issued new
48:29
guidelines suggesting but not requiring
48:31
that HIV-positive healthcare workers notify
48:34
their patients. Today
48:36
that recommendation is no longer in effect.
48:40
In the process of reporting out this
48:42
story, we reached out to the families
48:44
of David Acker and Kimberly Bragales, but
48:46
didn't hear back. We'll
48:48
likely never know, with absolute certainty,
48:51
whether Dr. Acker transmitted HIV to
48:53
Kimberly and five other patients. But
48:56
more than 30 years later, there's no alternative
48:58
theory that holds up to scrutiny. And
49:01
then there's this. Since Dr.
49:03
Acker, there hasn't been a single documented
49:06
case in the entire country of HIV
49:09
transmission from a healthcare worker to a patient. If
49:11
he did infect those six people, the
49:14
CDC and Dr. Carol Soselsky could never
49:16
figure out how. Whatever
49:18
happened in that dental office, nobody
49:21
will know, but whatever it was was clearly
49:23
very strange. Does
49:25
it nag at you at all that you weren't
49:27
able to solve it on your end? Well, a little
49:30
bit, but I don't think people
49:32
appreciate how difficult it was. You
49:34
know, there's almost no way it
49:36
really could have been solved. Four
49:39
of the six patients whose strain of HIV
49:41
matched David Acker's died of AIDS within just
49:44
a few years. Lisa Shoemaker
49:46
is one of two who's still alive.
49:49
I don't believe he meant to harm anybody
49:51
because usually when you get into the health
49:54
arena, you're there to help people, not to
49:56
harm them. the
50:00
mid-1990s, teaching teenagers about HIV
50:02
and AIDS. She also
50:04
served on the board of the Presidential
50:07
Advisory Council on HIV-AIDS for four years.
50:10
And a lot of the men that I got to be friends with
50:14
would just pass away and I wouldn't even find out
50:16
until I go to the meetings. It
50:18
was hard, because you're still
50:20
here. I wasn't supposed
50:22
to make it. I'm a
50:24
very lucky guy. David Barr
50:27
is still here too, three decades
50:29
after he got his diagnosis and
50:31
testified against the Kimberly-Brigalis Act. Anti-retroviral
50:34
therapy pioneered in the mid-90s has
50:36
extended lifespans far beyond what seemed
50:38
possible at the height of the
50:41
epidemic, but David refuses to
50:43
get complacent. All of
50:45
those things that we were grappling with then,
50:47
we're still grappling with. There
50:50
are still more than 35,000 new HIV
50:52
infections in the United States every year.
50:56
Only among black and Latino gay men
50:59
who have no HIV
51:01
services outside of major
51:03
cities on the coast, there's
51:06
no reason other than
51:08
willful neglect. Everything
51:11
I said to Kimberly about
51:13
the things I'm angry about is
51:15
as true today as it was
51:18
then. Very
51:29
soon, Slate Plus subscribers will get a
51:31
special behind-the-scenes conversation with our team about
51:34
how we put together our 1990 stories.
51:38
In addition, as a member, you'll also
51:40
hear every Slate podcast without ads and
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never hit the paywall on
51:45
Slate's site. If you'd like
51:47
to sign up for Slate
51:50
Plus, go to slate.com/oneyearplus. Again,
51:52
that's slate.com/oneyearplus. That
51:56
was the finale of One Year 1990. Thanks for
51:58
coming along. with us. And if you want even
52:00
more one year, we've got seasons on 1977, 1995,
52:03
1986, 1942, and
52:09
1955 in our back catalog. I
52:12
do have an announcement to make, which is
52:14
that Slate has suspended production of one year
52:16
for now. That means there
52:18
are no current plans to make more episodes.
52:21
Our whole team is incredibly proud of the work we've
52:23
done on the show, and it's been a joy
52:25
to hear about what it's meant to you. Hey,
52:29
this is Evan Chung, one year's senior producer.
52:32
If you have a favorite episode, or moment, or
52:34
there's anything else that you want to tell us
52:36
about our series, please leave us
52:38
a voicemail at 203-343-0777. And if you do
52:40
call in, we've got some special one-year
52:47
merch that we'll send you while supplies
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last. That's 203-343-0777. This
52:58
episode was written by Kelly Jones and
53:01
me, Josh Levine, one year's editorial director.
53:04
Our senior producer is Evan Chung. It
53:07
was produced by Kelly Jones and Evan
53:09
Chung, with additional production by Olivia Bryley.
53:11
This episode was edited by Joel
53:14
Meyer and Derek John, Slate's executive
53:16
producer of narrative podcasts. Our
53:18
senior technical director is Merit Jacob, and
53:20
we had mixing help from Kevin Bendis.
53:23
Holly Allen created the artwork for this season.
53:26
We had production help this season from Jabari
53:28
Butler. Mark C. Rahm's
53:31
book, Fatal Extraction, was a valuable
53:33
resource for this episode. The title
53:35
of this episode comes from Timothy F.
53:37
Murphy's essay in the book Ethics in
53:39
an Epidemic, AIDS, Morality, and Culture. Some
53:42
of the audio you heard comes from
53:44
the Wolfson Archives at Miami-Dade College, and
53:47
the Walter J. Brown Media Archives and
53:49
Peabody Awards Collection at the University of
53:51
Georgia. Thank you
53:53
to David Sifford III, Harold
53:55
Jaffe, Chen Yeo, Don Mariano,
53:58
Gail Namo, Lawrence Gostin, Ruth
54:01
Finkelstein, Nikki Ikhanemu, Lee
54:03
Blessing, and Stephen Raines, whose
54:05
book of poems, A Quilt for David, was
54:08
also valuable to us as we made this
54:10
episode. Special thanks to
54:12
all of the producers who've worked on the show,
54:15
Madeline Deschamps, who was there at
54:17
the beginning, plus Sophie Sommigrad, Shayna
54:19
Roth, Fam Kim, and Soul Worthen.
54:22
And thank you to Christina Kottarucci
54:25
and Joel Anderson for contributing amazing
54:27
episodes. And thank you to everyone
54:29
who made one year 1990 possible.
54:32
Susan Matthews, Forrest Wickman, Katie
54:35
Shepherd, Hilary Frey, Katie
54:37
Raiford, Ben Richmond, Kaitlyn
54:39
Schneider, Cleo Levin, Seth
54:41
Brown, Rachel Strom, Jessica
54:43
Seidman, Karen Fialman, Andrew
54:45
Robinson, Riley McCaskill, Emily
54:47
John, and Alicia Montgomery,
54:49
Slate's VP of Audio.
54:53
And thanks to all of you for listening. Thank
54:58
you.
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