The agreement to settle was announced Monday by United States Attorney Annette L. Hayes. The U.S. Attorney’s Office for the Western District of Washington began investigations into Overlake after a complaint was filed by deaf patient, alleging she requested a sign language interpreter prior to a scheduled, induced delivery at the hospital in June 2014, according to the DOJ.
“Despite assurances that one would be provided, no interpreter was present as the labor escalated, eventually resulting in a cesarean section. In addition, the complainant’s partner, who is also deaf, was also not provided an interpreter. He also was excluded from the delivery room during the birth because complainant’s mother (who was attempting to provide basic ASL interpretation to her daughter) was counted as complainant’s choice of ‘companion’ during the birth,” the DOJ said.
As part of the settlement, the hospital acknowledges no violation of the law, wrongdoing or misconduct, according to the DOJ. However, the hospital did agree to adopt policies and procedures to “ensure that individuals who are deaf or hard of hearing receive auxiliary aids and/or services (including sign language interpreters when necessary) that ensure effective communication.” Additionally, the hospital agreed to train its staff on the ADA’s effective communication requirements and pay $200,000 in settlement.
The DOJ said $75,000 of the settlement will be paid to the complainant; $25,000 will be paid to her partner; $25,000 will be paid to her mother (for associational discrimination), and $75,000 will be paid in lieu of a civil penalty to the federal government.
In addition to this matter, the complainant also alleged that Overlake Obstetricians and Gynecologists, which provided her prenatal care, similarly violated her rights under the ADA when they failed to provide an ASL interpreter for four of her nineteen office visits, the DOJ said. That matter was resolved by a letter of resolution, under which the clinic agreed to amend its policies, procedures and training and agreed to pay the complainant $3,500 in settlement, according to the DOJ.
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