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Published: July 29, 2006 09:38 am    PrintThis  

Parkland agrees to settle lawsuit over ADA

By Terry Date
Eagle-Tribune

DERRY, N.H. - Parkland Medical Center has agreed to a proposed settlement of a class action lawsuit alleging 793 violations of the Americans with Disabilities Act.

Lawyer David Marko of Miami, representing those suing the hospital, said yesterday the settlement will improve parking and bathroom access as well as other accessibility measures for people with disabilities. It also will correct policies and procedures, including those that regulate accommodations for service animals - animals trained to assist people with disabilities.

Marko said the agreement calls for the improvements to be phased in, with all being completed within five years and six months.

Hospital administrators were unavailable to answer questions yesterday. The medical center has denied allegations in the lawsuit and the agreement does not admit or imply that it acted wrongly.

Maureen Smith, Parkland vice president of strategic planning and business development, released a statement saying "the hospital is working collaboratively with the plaintiff to ensure that our hospital is accessible to the handicapped."

The agreement requires no payment of money damages.

The settlement applies to several facilities that Parkland owns or leases: Parkland Medical Center and the Nutfield Building in Derry; Londonderry Medical Park II and Parkland Rehabilitation Services in Londonderry; and Main Street Medical Center and Salem Surgical Center in Salem, according to court papers.

Cheryl Killam of the Governor's Commission on Disabilities said yesterday she was unaware of the lawsuit but familiar with several facilities named in the lawsuit.

Killam, a Newton resident and polio survivor who uses a wheelchair, said she will never return to the Salem Surgical Center. The handicap parking for her van was a long distance from the entrance, the ramp was quite steep and she had to be physically lifted onto the operating table because the facility lacked the proper stretcher, she said.

Parkland Medical Center in Derry had parking accessibility problems and lacked appropriate space in waiting rooms for people in wheelchairs the last time she used the hospital, she said, but added the staff was accommodating and responded immediately when she brought the problems to their attention.

Killam said health care buildings often are difficult for people with disabilities to access.

"Notoriously, hospitals and medical facilities do not provide accessible facilities because they look at you as a patient, not an independent, individual person capable of getting around," Killam said.

Marko said accessibility can be a problem at health care facilities throughout the country.

He said, however, that Parkland is committed to fixing any shortcomings. He said its response is: "Tell us what we need to do and we will do it."

A Sept. 19 hearing in U.S. District Court at the Southern District for Florida in Miami will look at the fairness of the settlement.

The class action lawsuit is titled Access Now Inc. v. Ambulatory Surgery Center Group Ltd.

The company that owns Parkland said earlier this week it had agreed to a $21.3 billion buyout. Parkland is part of Hospital Corp. of America Inc. Based in Nashville, Tenn., it is the largest for-profit hospital operator in the country.

Killam said people with disabilities are often hesitant to complain about accessibility at a place where they need health care. Filing a complaint with the Justice Department can be a very slow process, she said.

Improved accessibility means a great deal to those with disabilities, Marko said.

Even a few inches can make a big difference for someone in a wheelchair, he said.

"We want people to know the rights of the disabled are not an abstract concept but have real-life consequences," Marko said.

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