Michael P. Drescher Acting United States Attorney for the District of Vermont | U.S. Attorney for the District of Vermont
Brattleboro Memorial Hospital (BMH) has reached a settlement with the United States Attorney’s Office for the District of Vermont following an investigation into allegations that the hospital failed to provide effective communication for patients who are deaf or hard of hearing during medical visits. The investigation focused on complaints dating back to at least 2018, where BMH was accused of not providing qualified sign language interpreters and other necessary aids as required by the Americans with Disabilities Act (ADA).
According to a complaint received by the United States, one individual reported discrimination after being denied qualified interpreters and appropriate auxiliary aids during emergency department visits at BMH. The individual also stated that he had to rely on his companion for communication about his medical concerns. The investigation found additional cases involving patients whose primary means of communication is American Sign Language and who did not receive effective communication services.
The ADA requires hospitals and doctors’ offices to ensure effective communication for all patients, including those who are deaf or hard of hearing.
As part of the agreement, BMH has taken steps to comply with its ADA obligations. These include providing qualified interpreters when needed, establishing a grievance procedure, offering comprehensive training for staff on effective communication, and appointing a program administrator responsible for coordinating access to auxiliary aids and services around the clock.
A fund has also been set up under the agreement to compensate individuals affected by BMH’s failure to provide qualified interpreters or auxiliary aids from 2018 through 2025. Those who believe they were impacted can contact the United States Attorney’s Office using a civil rights complaint form available on their website at https://www.justice.gov/usao-vt/civil-rights-program or by emailing USAVT.contactus1@usdoj.gov.
Assistant United States Attorney Matthew J. Greer and former Assistant United States Attorney Zachary M. Dayno represented the United States Attorney’s Office in this matter. The full resolution agreement can be accessed via this link: Resolution Agreement
Further information about the ADA is available at http://www.ada.gov or through the Justice Department’s toll-free information lines.
