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Deaf woman sues hospital in Lehighton Charges: Gnaden Huetten violated ADA when daughter died

A Franklin Township woman, who is deaf since birth, has filed a lawsuit in federal court alleging that a local hospital and its affiliates violated the Americans with Disabilities Act by denying her an interpreter when her daughter lay dying.

Colleen Shaika, of 846 Fairyland Road, Lehighton, said in the suit she "was unable to be informed of her daughter's medical condition."Nowhere in the suit is any accusation made that the ADA violations contributed to the death or impacted the patient's care.It is accusing the defendants of causing "emotional distress, humiliation, anguish, emotional and physical injuries, as well as economic losses" to the mother.Defendants are Gnaden Huetten Memorial Hospital; Lehigh Valley Physicians Group, affiliated with the Lehigh Valley Health Network Inc.; Lehigh Valley Health Network, and Blue Mountain Health System Inc.The suit was filed by attorney William Schwab of Lehighton on Shaika's behalf on Feb. 10 in U.S. District Court, Scranton.The allegations stem from events that occurred on Feb. 16 or 17, 2013, at Gnaden Huetten Memorial Hospital, which is formally called the Gnaden Huetten Campus of Blue Mountain Health System.Shaika's daughter, Jennifer Shaika, died "unexpectedly" at the facility on Feb. 17, 2013, according to her newspaper obituary. She was 24.Sought in the suit are:• The court to issue an order declaring the defendants to be in violation of the ADA.• The court to issue an injunction ordering defendants to provide means for communicating with deaf or hard-of-hearing individuals.• That the court award reasonable attorney fees and costs.• That the court award additional or alternative relief "as may be just and proper and equitable."The documents in the case state that on Feb. 16 or 17, 2013, Shaika "was called and informed that her daughter had been transported on an emergency basis to the premises of defendants and requested that an American Sign Language interpreter be provided."Shaika says in the complaint that no sign language interpreter was available, and although there was a video remote interpreter on the premises, it did not operate properly."As a result, plaintiff was unable to effectively communicate with defendants' staff with regard to her daughter's condition," the suit says.It adds, "As the plaintiff's daughter lay dying, the plaintiff was unable to be informed of her daughter's medical condition."Shaika says that defendants knew of her need for an accommodation "because she had on previously (sic) visits to defendants' hospital requested a certified American Sign Language interpreter and that she could not hear at all."The suit says that the hospital scheduled a meeting with Shaika to discuss the circumstances of her daughter's death. The hospital's video services malfunctioned so the meeting was delayed 15 minutes."When defendants realized that the plaintiff's attorney was present, the meeting was canceled," according to the suit.The court action also says Shaika requested a copy of her daughter's medical records on April 11, 2013. They were received on May 7, 2013.Shaika has been deaf since birth and communicates primarily in American Sign Language.She says in the complaint, "ASL is a separate and distinct language from English and utilizes its own grammar, words, phrases and syntax. It is the third most widely used language in the United States."According to the U.S. Department of Labor's website, "The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. The ADA also establishes requirements for telecommunications relay services."