Barnet Dulaney Perkins Eye Center, AVP ADA discrimination $725K settlement

Two Arizona eye care practices — Barnet Dulaney Perkins Eye Center PC (BDP) and American Vision Partners Holdings LLC (AVP) — agreed to pay $725,000 to resolve claims that they discriminated against patients with disabilities who required transport assistance, a violation of the Americans with Disabilities Act (ADA).

The settlement benefits patients of Barnet Dulaney Perkins Eye Center and American Vision Partners Holdings who needed assistance transferring to and from surgical tables for eye surgery due to a disability between Jan. 1, 2017, and Jan. 19, 2023. Patients are eligible for payments under the consent decree if they were required to use third-party medical transport services to receive eye care or if they were denied eye surgery due to required transfer assistance.

For the purposes of this settlement, AVP includes Southwestern Eye Center, M & M Eye Institute, Retinol Consultants of Arizona, Abrams Eye Institute, Southwest Eye Institute, Aiello Eye Institute, and Moretsky Cassidy Vision Correction practices.

The United States took legal action against Barnet Dulaney Perkins Eye Center and AVP under the Americans with Disabilities Act, arguing that the companies discriminated against patients with disabilities. Specifically, the eye care providers allegedly discriminated against patients who needed assistance transferring to and from wheelchairs for surgery — denying them services or requiring them to pay for expensive medical transport services.

Barnet Dulaney Perkins Eye Center is an ophthalmology practice based in Arizona. American Vision Partners is an eye care management company that partners with practices such as BDP, in Arizona, New Mexico, Nevada, Texas and California. 

BDP and AVP agreed to pay $725,000 to resolve the federal lawsuit, but the practices have not admitted any wrongdoing under the Americans with Disabilities Act or any other law.

Under the terms of the settlement, eligible patients can receive a cash payment based on the amount they spent to retain third-party medical support personnel. If these expenses cannot be verified by the defendants’ records, claimants must provide documentation of these costs. According to the consent decree, the United States has sole discretion to determine how much each claimant will receive as part of the settlement fund.

After claimants are compensated for the cost of third-party medical personnel, any residual funds left in the settlement fund will be used for additional payment distributions to claimants who cashed or deposited their initial payments.

Claimants must provide W9 tax information to properly report any settlement payment on their taxes. Parties acting on behalf of a deceased patient must submit authorization in the form of letters of administration, executor appointment documents and/or state-approved small estate affidavits.

There is no exclusion or objection deadline for the settlement.

The settlement was finalized in a consent decree dated Jan. 17, 2023.

In order to receive a settlement payment, patients must submit a valid claim form by Dec. 31, 2023.

Who’s Eligible

Patients of Barnet Dulaney Perkins Eye Center and American Vision Partners Holdings who needed assistance transferring to and from surgical tables for eye surgery due to a disability between Jan. 1, 2017, and Jan. 19, 2023. Patients are eligible for payments under the consent decree if they were required to use third-party medical transport services to receive eye care or if they were denied eye surgery due to required transfer assistance.

For the purposes of this settlement, AVP includes Southwestern Eye Center, M & M Eye Institute, Retinol Consultants of Arizona, Abrams Eye Institute, Southwest Eye Institute, Aiello Eye Institute and Moretsky Cassidy Vision Correction practices.

Potential Award

Varies

Proof of Purchase

Receipts and other documentation of third-party transfer services retained by the claimant.

Parties acting on behalf of a deceased patient must submit authorization in the form of letters of administration, executor appointment documents and/or state-approved small estate affidavits.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

12/31/2023

Case Name

United States of America v. Barnet Dulaney Perkins Eye Center PC, et al., Case No. 2:21-cv-02172-SRB, in the U.S. District Court for the District of Arizona

Final Hearing

01/17/2023

Settlement Website

BDPAVPTransferAssistance.com

Claims Administrator

Transfer Assistance Settlement
c/o Rust Consulting, Inc – 8314
PO Box 2599
Faribault MN 55021-9599
Info@BDPAVPtransferassistance.com
833-915-0959

Class Counsel

Kristen Clarke
Rebecca B. Bond
Kevin J Kijewski
Charlotte Lanvers
US DEPARTMENT OF JUSTICE

Gary M Restaino
Bill C Solomon
ARIZONA DISTRICT ATTORNEY OFFICE

Defense Counsel

N/A