Durand v. Fairview Health Services, No. 17-1374 (8th Cir. 2018)Annotate this Case
Plaintiffs, both of whom are hearing-impaired, and their daughter filed suit against Fairview, alleging that the hospital failed to provide meaningful access to auxiliary aids and services in the form of American Sign Language (ASL) interpreters and a teletypewriter (TTY) during the course of plaintiffs' son's terminal hospital stay. The Eighth Circuit affirmed the district court's grant of Fairview's motion for summary judgment, holding that Fairview did not fail to discharge its duty to provide effective communication. In this case, the evidence showed that plaintiffs were provided access to information, through interpreters, before and during their son's final hospitalization and provided ample opportunities for plaintiffs to ask questions that may have clarified their understanding of their son's condition. Furthermore, the facts were sufficient to establish that Fairview provided plaintiff with the requested auxiliary aid and offered assistance, which was declined, in setting up the device. The court also held that the daughter did not qualify for associational standing and Fairview was entitled to summary judgment as to her claims.