United States of America v. Swedish Edmonds Hospital - Settlement Agreement

I. BACKGROUND

1. The parties (“Parties”) to this Settlement Agreement (“Agreement”) are the United States of America (“United States”) and the Swedish Edmonds Hospital (“Swedish Edmonds” or “the Hospital”).

2. Swedish Edmonds is a hospital that provides inpatient and outpatient treatment programs, located at 21601 76th Ave. W, Edmonds, Washington.  Swedish Edmonds is among the facilities within the healthcare network commonly referred to as Swedish.

3. This matter was initiated by a letter of investigation provided to Swedish Edmonds on June 24, 2013, regarding potential violations by the Hospital of Title III of the Americans with Disabilities Act of 1990, as amended (“ADA”), 42 U.S.C. §§ 12181-12189, and the Department’s implementing regulation, 28 C.F.R. Part 36.  The investigation was opened in response to complaints raised by Complainant, J.P., who is deaf and uses American Sign Language (“ASL”) as her primary means of communication.  Complainant is the parent of a 13 year-old boy (“J.P.’s son”), who was a patient at the Hospital on at least two occasions: April 30, 2013, and October 3, 2013.  Complainant alleged that Swedish Edmonds failed to provide qualified sign language interpretive services when necessary to ensure effective communication during interactions with medical staff related to treatment for her minor son during the April 30, 2013 Hospital visit.

4. Complainant alleges that on April 30, 2013, she was unable to communicate adequately with Hospital personnel during the course of her son’s treatment for a fainting episode that resulted in significant injury to his jaw.  His treatment included, among other things, a pediatric transthoracic echocardiogram, blood withdrawal, x-rays, and prescription of pain medicine.  The Hospital did not provide J.P. with a qualified ASL interpreter at the time of her son’s admission or at any point during his treatment or discharge.  Instead, Complainant alleges she was forced to rely upon a non-medically knowledgeable ASL interpreter who accompanied her to the Hospital from her son’s school.   According to the Complainant, she was unable to communicate effectively with Hospital personnel as a result.