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Showing posts with label Federal Court. Show all posts
Showing posts with label Federal Court. Show all posts

Monday, March 23, 2015

Deaf Man Jailed With No Access To Interpreter

VIDEO: Deaf immigrant jailed for stealing iPad that wasn't stolen and no access to interpreter service in Virginia.



ARLINGTON, VA - He knew he was in jail, but he didn't know why. Eventually, Abreham Zemedagegehu learned that he'd been accused of stealing an iPad, an iPad whose owner later found it. He spent the next six weeks in jail, unable to communicate with his jailers because he is Deaf. He described a frightening, isolated experience in which medical procedures were performed without his consent and he feared for his safety.



Zemedagegehu sued the Arlington County sheriff last month in federal court, saying his treatment failed to meet the standards of the Americans with Disabilities Act.



"I felt like I was losing my mind," Zemedagegehu said through an interpreter in an interview at his lawyer's office. "I thought Virginia would give me an interpreter and they said no. That's why I felt lost."





Zemedagegehu, who is homeless, is a U.S. citizen who was born in Ethiopia. He grew up using Ethiopian Sign Language. He has learned American Sign Language, but he has never learned more than rudimentary written English.



Maj. Susie Doyel, a spokeswoman for the sheriff's office, which runs the jail, declined to comment on the specific allegations. She generally defended the jail's ability to handle Deaf inmates and others with disabilities, and said several deputies in the jail are proficient in sign language.



But she also acknowledged that communication with a Deaf inmate is more problematic in cases where the inmate can't communicate in written English.



In court papers filed Monday, lawyers for the sheriff ask a judge to dismiss the case, arguing that even if Zemedagegehu's allegations are true, they fail to show intentional discrimination because they attempted various different ways to communicate with him, including handwritten notes.



And even if the discrimination were intentional, the lawyers write that it would not violate federal law because there is a rational basis for the discrimination: "it takes extra resources and creates additional security considerations to bring in an ASL interpreter," they write... Read more: abcnews.go.com/US/wireStory/deaf-immigrant-jailed-weeks-access-interpreter

Saturday, April 20, 2013

Deaf Girl's Family Sues Cochlear Ear Implants For $7.25M

VIDEO: Louisville jury punishes company with $7.25 million verdict for selling Meade County girl defective ear implants that shocked her. An electrical short caused an 8-year-old girl to be thrown to the ground, vomiting and convulsing. The shocks happened two more times until the device was disconnected.



Courier-journal.com: LOUISVILLE, KY - Born Deaf, Breanna Sadler of Vine Grove, Ky., had a cochlear ear device implanted in her head in 2006, when she was 4 years old. Four years later, an electrical short from the device shocked her so violently that she was thrown to the ground, vomiting and convulsing.



After she was shocked two more times, the device had to be removed from her skull and replaced with a competitor’s model in an open-head surgery that took more than seven hours.



Breanna’s parents sued the manufacturer, Advance Bionics of Valencia, Calif., accusing the company of continuing to sell the device after executives knew it was leaking and defective. On Tuesday a U.S. District Court jury in Louisville agreed, awarding Breanna, now 11, and her parents $7.25 million in damages.



In the first of about 40 lawsuits filed nationally to go to trial, the jury said the company should pay $6.25 million in punitive damages alone for recklessly disregarding patient safety.



The Sadlers’ lawyers presented evidence that Advance Bionics executives delayed disclosing the defect so they could sell more devices and get more money when the company was sold. They “chose to ignore risks and focus on profits, ” the attorneys said in a brief.



About 4,000 of the devices have been implanted worldwide, and about 1,000 have failed, according to lead plaintiff’s counsel Tim Edwards, who estimated that dozens of patients in the Louisville area are “walking around with the devices in their head that have failed or will fail.” ...READ MORE: http://www.courier-journal.com/article/20130418/NEWS10/304180041/Louisville-jury-awards-girl-7-2-million-hearing-aid-gave-her-shocks



Advanced Bionics HiResolution Bionic Ear System.




USATODAY LOUISVILLE, KY - A federal jury has awarded $7.25 million in damages to an 11-year-old girl who suffered severe electric shocks from a defective cochlear-ear implant that has been inserted in 4,000 people most of Deaf children.



Born Deaf, Breanna Sadler of Vine Grove, Ky., had a cochlear ear device implanted in her head in 2006, when she was 4 years old. Four years later, an electrical short shocked her so violently that she was thrown to the ground, vomiting and convulsing.



After she was shocked two more times, the device had to be removed from her skull and replaced with a competitor’s model in an open-head surgery that took more than seven hours.



Her parents sued the manufacturer, Advance Bionics of Valencia, Calif., and on Tuesday a U.S. District Court jury here awarded Breanna, now 11, and her parents the money.



In the first of about 40 lawsuits filed nationally to go to trial, the jury said the company should pay $6.25 million in punitive damages alone for recklessly disregarding patient safety by continuing to sell the device after company officials knew it was leaking and defective.



The Sadlers’ lawyers presented evidence that Advance Bionics executives delayed disclosing the defect so they could sell more devices and get more money when the company was sold. They ” chose to ignore risks and focus on profits,” the lawyers said in a brief.



About 4,000 of the devices have been implanted worldwide, and about 1,000 have failed, according to lead plaintiff’s counsel Tim Edwards of Memphis. ...READ MORE: http://m.usatoday.com/article/news/2094397