Godbey v. Iredell Mem’l Hosp., Inc. (Summary)

ADA/REHABILITATION ACT

Godbey v. Iredell Mem’l Hosp., Inc., No. 5:12-cv-00004-RLV-DSC (W.D. N.C. Aug. 19, 2013)

The United States District Court for the Western District of North Carolina granted a hospital’s motion for summary judgment in a disability discrimination action brought by a hearing-impaired patient claiming that the hospital violated the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act.  The patient sought care at the hospital several times, informed the staff that he was deaf, and on at least one occasion requested an interpreter.  The patient never indicated that communicative attempts by the hospital staff, including written notes and engaging interpreters, were insufficient.  Nonetheless, he sued, claiming that the hospital’s “denial of interpretive services constituted intentional discrimination…in violation of the [Rehabilitation Act] and the ADA.”

The hospital filed a motion for summary judgment, which the court granted.  The court held that monetary damages under the Rehabilitation Act were not warranted.  The hospital’s failure to provide an American Sign Language-fluent interpreter did not by itself suffice to maintain the patient’s claim of intentional discrimination under the Rehabilitation Act in the absence of evidence that the other accommodations the hospital made fell short of providing effective communication with the patient.  Injunctive relief under the ADA was, similarly, inappropriate, since the hospital subsequently amended its policy to have qualified interpreters more readily available to prevent a reoccurrence of the alleged violation of the ADA.