University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Baca v. Parkview Medical Center, Inc. DR-CO-0022
Docket / Court 1:15-cv-00270-RBJ ( D. Colo. )
State/Territory Colorado
Case Type(s) Disability Rights-Pub. Accom.
Attorney Organization Civil Rights Education and Enforcement Center
Case Summary
On February 9, 2015, a deaf individual filed this lawsuit against Parkview Health Systems Inc. and Parkview Medical Center Inc. in the United States District Court for the District of Colorado. The plaintiff sued under Title III the Americans with Disability Act, Section 504 of the Rehabilitation ... read more >
On February 9, 2015, a deaf individual filed this lawsuit against Parkview Health Systems Inc. and Parkview Medical Center Inc. in the United States District Court for the District of Colorado. The plaintiff sued under Title III the Americans with Disability Act, Section 504 of the Rehabilitation Act, and the Colorado Anti-Discrimination Act. The plaintiff, represented by attorneys from the Civil Rights Education and Enforcement Center, requested attorney fees and compensatory damages on the basis that the defendants failed to provide the plaintiff with an American Sign Language interpreter when his daughter was hospitalized, severely limiting his ability to understand her condition and the doctors' procedures. Additionally, the plaintiff asked the court for an injunction ordering the defendants to stop discriminating against deaf patients and their relatives.

In October 2015, the matter settled. Prior to the initiation of the lawsuit, Parkview had installed video remote interpreting (VRI) to provide immediate access to sign language interpreters, and instituted policies that pre-scheduled and outpatient services would use in-person ASL interpreters. Under the settlement, these policies remained in place. The settlement also provided that Parkview would continue to train staff that lip-reading and note-writing are often not effective in communicating medical information to individuals who are deaf or hard of hearing and that staff should take care in ascertaining the preferred method of communication of the deaf or hard of hearing patient or companion.

Allison Hight - 09/27/2015
- 02/27/2016


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Issues and Causes of Action
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Issues
Defendant-type
Hospital/Health Department
Disability
Hearing impairment
Discrimination-area
Accommodation / Leave
Medical Exam / Inquiry
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Reasonable Accommodations
Language
Other
Plaintiff Type
Private Plaintiff
Type of Facility
Non-government non-profit
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Parkview Medical Center, Inc. and Parkview Health Systems, Inc.
Plaintiff Description An individual with a disability because he is substantially limited in major life activities, including hearing.
Indexed Lawyer Organizations Civil Rights Education and Enforcement Center
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2015 - n/a
Case Closing Year 2015
Case Ongoing No
Docket(s)
1:15-cv-00270-RBJ (D. Colo.) 11/04/2015
DR-CO-0022-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 02/09/2015
DR-CO-0022-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 10/16/2015
DR-CO-0022-0002.pdf | Detail
Document Source: Plaintiffs' counsel
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Morris, Sarah (Colorado)
DR-CO-0022-9000
Robertson, Amy Farr (Colorado)
DR-CO-0022-0001 | DR-CO-0022-0002 | DR-CO-0022-9000
Defendant's Lawyers Colaizzi, Brooke A. (Colorado)
DR-CO-0022-9000
Deeny, Raymond Miles (Colorado)
DR-CO-0022-9000
Other Lawyers None on record

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