Garfunkel Wild Wins Complete Defense Verdict For NYU Langone Hospital—Brooklyn In Discrimination Lawsuit

September 4, 2019

 

Garfunkel Wild Wins Complete Defense Verdict For NYU Langone Hospital—Brooklyn In  Discrimination Lawsuit

September 4, 2019, 2019, Great Neck, NY — Law firm Garfunkel Wild successfully defended NYU Langone Hospital—Brooklyn against disability discrimination claims brought by four Hospital patients. After a two-week trial before Senior Judge Edward R. Korman in the United States District Court, Eastern District of New York, a 10-person jury returned a unanimous defense verdict on August 23, finding that the Hospital did not discriminate against the four patients on account of their deafness.

The plaintiffs’ claims – which covered the time period 2012-16, when the hospital was known as Lutheran Medical Center – contended that NYU Langone Hospital—Brooklyn discriminated against them by failing to provide them with qualified interpreting services to enable them to effectively communicate with Hospital staff about their medical condition. Plaintiffs sought compensatory damages, punitive damages, injunctive relief, and attorney’s fees under the Americans with Disabilities Act, the Rehabilitation Act, the New York State Human Rights Law, and the New York City Human Rights Law.

The jury rejected all of plaintiffs’ claims in their entirety, finding that NYU Langone Hospital—Brooklyn effectively communicated with the four patients about their medical treatment through a combination of video remote interpreting services, in-person sign language interpreters, lip reading, and writing.

Garfunkel’s litigation team was led by Roy Breitenbach, Garfunkel Wild’s Co-Chair of the Litigation Department and included Associates Marc Sittenreich and Nick Summo.

“This is an important decision for hospitals in New York and elsewhere,” said Roy Breitenbach. “It recognizes the significant efforts that NYU Langone Hospital—Brooklyn has made to effectively communicate with patients who are deaf, including providing in-person sign language interpreters, thousands of hours of video remote interpreting services, and other communication aids and accommodations.”

About Garfunkel Wild

Garfunkel Wild serves the diverse legal needs of the health care industry. For nearly 40 years, GW has represented hospitals, health systems, physicians, long term care facilities and many others in the areas of transactions, finance, litigation, information technology, managed care, credentialing, regulatory, employment law, professional licensing, compliance, real estate, bankruptcy, and trusts and estates.

GW has over 85 attorneys and maintains offices in New York, New Jersey and Connecticut. The firm’s healthcare practice and lawyers are ranked in Chambers USA. For more information, visit www.garfunkelwild.com.