Brattleboro Memorial Hospital Agrees to Settlement in United States Attorney’s Office’s Investigation of Ineffective Communication with People who are Deaf or Hard of Hearing

Burlington, Vermont – The Office of the United States Attorney for the District of Vermont announced that it has resolved its investigation into complaints that Brattleboro Memorial Hospital (BMH) failed to effectively communicate with individuals who are deaf or hard of hearing during medical visits. This agreement resolves allegations that BMH violated the Americans with Disabilities Act (ADA) during patient visits dating back to at least 2018.

The United States received a complaint from an individual who alleged that BMH discriminated against him by failing to provide qualified sign language interpreters and appropriate auxiliary aids and services during visits to BMH’s emergency department. The individual also alleged that on several occasions, he was required to rely on his companion to assist him in communicating about his medical concerns. The United States’s investigation revealed additional individuals, whose primary means of communication is American Sign Language, with whom BMH similarly failed to ensure effective communication. It is well settled under the ADA that patients have the right to effective communication in hospitals and doctors’ offices.

BMH has already taken steps to comply with its obligations under the ADA. And with the resolution agreement, BMH will timely provide qualified interpreters when necessary to ensure effective communication with patients and companions; create a grievance procedure; provide comprehensive training to its personnel on effective communication; and designate a program administrator who will coordinate access to auxiliary aids and services 24/7.

The resolution agreement also establishes a fund to compensate people who have been affected by BMH’s failure to provide qualified sign language interpreters or appropriate auxiliary aids and services from 2018 through 2025. Any person believed to be so aggrieved should contact the United States Attorney’s Office by filling out the civil rights complaint form available on our website or by emailing the office at USAVT.contactus1@usdoj.gov. To access the civil rights complaint form, please visit https://www.justice.gov/usao-vt/civil-rights-program.

Assistant United States Attorney Matthew J. Greer and former Assistant United States Attorney Zachary M. Dayno handled this matter for the United States Attorney’s Office for the District of Vermont. The resolution agreement is available at this link: Resolution Agreement

For more information on the ADA, visit http://www.ada.gov or call the Justice Department’s toll-free ADA information line at (800) 514-0301 (voice) or (800) 514-0383 (TTY).

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