AdventHealth Pays $60K to End Claims Deaf Mom Was Denied Interpreter During Labor

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AdventHealth ADA Class Action Settlement Overview:

• Who: AdventHealth, one of the nation’s largest faith-based health systems, has agreed to pay a $50,000 settlement to a deaf patient and $10,000 to her companion.
• Why: The health system was sued by the deaf patient who alleged she was denied access to a translator while giving birth at one of its hospitals.
• Where: The health system has nearly 50 hospital campuses across nine states.

A major health system has agreed to pay $60,000 to settle claims it denied a deaf patient access to a translator while she was giving birth.

The AdventHealth settlement agreement was filed Jan. 4 after a U.S. Department of Justice (DOJ) investigation found the health system was in violation of the Americans With Disabilities Act (ADA).

The settlement was reached after a deaf patient who went to give birth at one of AdventHealth’s Georgia-based hospitals was repeatedly denied a translator, the DOJ said.  

“As a result of Advent’s failure to provide an interpreter or other Auxiliary Aids and Services, the Complainant did not understand why she was not given an epidural and suffered significant pain,” the investigation found. “Both she and her Companion were scared for the safety of the baby during delivery because they did not understand what was occurring, particularly when an emergency arose.”

Both the complainant and her companion are deaf, the investigation said. As a result of being denied a translator, while she was giving birth, the complainant was allegedly forced to rely on lip reading or on her deaf companion to interpret for her.

“On the basis of its investigation, the United States determined that Advent failed to provide effective communication to the Complainant and her Companion during Complainant’s hospital stay for the birth of the Complainant’s child,” the DOJ found. 

The hospital system has agreed to pay $50,000 to the complainant and $10,000 to her companion in compensation, the court filings say.

Advent Denies It Discriminated Against Patient, Companion

Advent describes itself on its website as “one of the nation’s largest faith-based health systems” and the operator of nearly 50 hospital campuses across nine states. 

While Advent denies it discriminated against the patient and her companion, the health system said it agreed to enter a settlement to avoid litigation.

It has also agreed to improve its services for deaf patients in the future, including advising patients of their rights to auxiliary aid services, including an interpreter, and providing the service no more than 15 minutes after a request is made.

It also agreed to designate an ADA coordinator and inform and train hospital staff on ADA requirements. The health system will also provide reports to the DOJ on its services and training efforts for the next three years.

What do you think of the settlement figure in this case? Let us know in the comments! 

The government is represented by Alyse S. Bass of the U.S. Department of Justice, Civil Rights Division, Disability Rights Section.

The AdventHealth ADA Settlement is USA and Adventist Health System Georgia Inc., Case No. 202-19-332, in the U.S. Department of Justice. 

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