By Tommy Hallissey
The lawsuit originated with a complaint filed in federal court Sept. 27, 2002 by the non-profit New York Lawyers for the Public Interest on behalf of the Queens Independent Living Center in Jamaica.
The complaint alleged that Parkway Hospital failed to provide a qualified sign language interpreter for Sarah Posner, diagnosed with heart problems, or her husband, Norman, during the course of her five- or six-week hospitalization, violating the Americans with Disabilities Act. As a settlement the hospital will pay $100,000 to Norman Posner and an additional $25,000 to Posner's adult children.
The plaintiffs also charged that the lack of interpretation prevented Norman Posner from obtaining information about his wife's medical diagnosis and treatment
“Norman Posner needed a qualified sign language interpreter so he could understand his wife's medical condition and make medical decisions on her behalf,” said Michael Silverman, an attorney for the public interest group, negotiated the settlement. “Parkway failed to provide a qualified interpreter, depriving Mr. Posner of his fundamental right to participate in his wife's medical care.”
The settlement, announced last Thursday, was split into four parts. Under the agreements, Parkway Hospital will ensure that auxiliary aids and services, including qualified interpreters, are available to patients with hearing aids. The hospital will evaluate patients or companions with hearing impairments or both to determine whether auxiliary aids and services are necessary for effective communication.
Parkway Hospital will provide Americans with Disabilities Act training programs for staff members who have contact with patients or companions with hearing impairments.
“The agreements are a giant step forward for people with hearing impairments seeking equal access to health care,” said Lucy Birbirglia, executive director of the Queens Independent Living Center, an advocacy group for people with disabilities.
In March, Parkway Hospital defaulted on five months of union bills and threatened to terminate benefits such as health care and pension funds. It failed to pay Local 1199 about $10.5 million because it did not receive funds from Medicare and Medicaid. Leaders of Parkway Hospital negotiated a payment plan with the employee's union.
In response to the lawsuit involving the hearing impaired , Parkway Hospital has installed an audio-video conference system to ensure timely access to interpreters and agreed to supply live interpreters on request.
“We're especially glad that Parkway is offering deaf people both audio-visual and live interpretation, since not every deaf person is accustomed to audio-visual technology,” Marlene Posner said.
Though the litigation lasted almost two years, Norman Posner, who lives on Long Island, is pleased with the result.
“I'm thrilled that Parkway has agreed to provide interpreters to deaf people,” he said.
Reach reporter Tommy Hallissey by e-mail at news@timesledger.com or by phone at 718-229-0300, Ext. 155.
