Case 1:15-cv-00270-RBJ Document 1 Filed 02/09/15 USDC Colorado Page 1 of 10
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 1:15-cv-00270 GEORGE BACA,
Plaintiff, v. PARKVIEW MEDICAL CENTER, INC., and PARKVIEW HEALTH SYSTEMS, INC.,
Defendants.
COMPLAINT
Plaintiff George Baca, by and through his attorneys, the Civil Rights Education and Enforcement Center, hereby brings this Complaint against Parkview Medical Center, Inc. and Parkview Health Systems, Inc. (collectively, “Parkview”).
INTRODUCTION 1. Twenty-four years after the Americans with Disabilities Act (“ADA”) was passed and more than 40 years after Section 504 of the Rehabilitation Act (“Section 504”), Parkview failed to provide sign language interpreters and other accommodations for the deaf father of a critically injured minor, denying him effective communication and deeply exacerbating an already stressful situation.

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JURISDICTION AND VENUE

2.

This action arises under the laws of the United States. Jurisdiction is conferred

upon this court pursuant to 28 U.S.C. §§ 1331 and 1343 for the federal law claims, and 28 U.S.C.

§ 1367 for the state law claim.

3.

Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(2), as all of the

events giving rise to the claims occurred in the District of Colorado.

PARTIES

4. Plaintiff George Baca is currently and at all times relevant to this suit has been a

resident of the State of Colorado in Pueblo County. Mr. Baca is an individual with a disability

because he is substantially limited in major life activities, including hearing.

5. Defendants Parkview Medical Center, Inc. and Parkview Health Systems, Inc. are

private, nonprofit corporations one or both of which own, operate, lease and/or lease to a private

hospital, the Parkview Medical Center, which is a place of public accommodation as that term is

used in title III of the Americans with Disabilities Act, 42 U.S.C. § 12181(7) and the Colorado

Anti-Discrimination Act, COLO. REV. STAT. §24-34-601. On information and belief, both

Parkview Defendants are recipients of federal financial assistance as that term is used in Section

504. On information and belief, Parkview Medical Center employs more than 15 people.

FACTUAL ALLEGATIONS

6. Plaintiff Baca is deaf, and does not understand speech. His first language and

primary mode of communication is American Sign Language.

7. Like many individuals who have been deaf since childhood, Mr. Baca does not

read or write with fluency. American Sign Language, not English, is his native language.

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8. In order to communicate effectively with strangers and/or in situations that call for more than routine language, Mr. Baca requires the services of a qualified sign language interpreter. Specifically, he requires a sign language interpreter in communications relating to medical topics and in conversations involving multiple individuals.
9. At all times relevant to this lawsuit, Parkview has known that Mr. Baca is Deaf. 10. On the evening of July 6, 2013, Mr. Baca was notified that his minor daughter was struck by a car and taken by ambulance to Parkview. He arrived at the hospital not long after. 11. In the emergency room lobby, Mr. Baca immediately requested to see his daughter and to be provided a sign language interpreter. No interpreter was provided. 12. On the evening of July 6, for most of July 7, and for the morning of July 8, Mr. Baca repeatedly requested an interpreter to speak with doctors, nurses, and other hospital staff. He was receiving no effective communication concerning what staff were doing and desperately wanted to understand. 13. Mr. Baca requested a sign language interpreter on July 6, 2013. 14. Defendants did not provide an interpreter for Mr. Baca on July 6, 2013. 15. Mr. Baca requested a sign language interpreter on the morning of July 7, 2013. 16. Defendants did not provide an interpreter for Mr. Baca until approximately noon on July 7, 2013. 17. The interpreter Defendants provided to Mr. Baca on July 7, 2013 interpreted for him for approximately two hours.
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18. After the interpreter provided to Mr. Baca on July 7, 2013 left, Defendants did not provide an interpreter for Mr. Baca for the remainder of that day.
19. On the morning of July 8, 2013, medical staff met in Mr. Baca’s daughter’s hospital room to discuss her condition.
20. Mr. Baca again requested an interpreter for this meeting. 21. Parkview did not provide an interpreter for the meeting with medical personnel on the morning of July 8, 2013. 22. Although a sign language interpreter was provided later in the day on July 8, medical personnel did not return to Mr. Baca’s daughter’s room to discuss her condition in the presence of the interpreter. 23. When Mr. Baca arrived at the Emergency Room on the evening of July 6, he was unable to understand what Parkview staff were telling him about his daughter’s condition. The only way the doctor could convey the extent of Mr. Baca’s daughter’s injuries was to pull back the curtain on her room and show Mr. Baca her critical injuries. Without effective communication to convey the context of his daughter’s injuries, this was terrifying for him. 24. Mr. Baca was asked to sign documents pertaining to his daughter’s care. 25. Mr. Baca did not fully understand the documents he was requested to sign because Defendants did not provide a sign language interpreter to assist him. 26. Parkview was on notice that Mr. Baca needed an interpreter both because the need was obvious, and because on a number of occasions during his daughter’s stay, Mr. Baca requested an interpreter.
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27. On two occasions, a nurse attempted to communicate with Mr. Baca in writing about his daughter’s care, the result of which were notes saying, “She doesn’t need surgery,” and “The doctor said he can come back. He is saying he [sic] injury is something that will heel [sic] on its own. We will do a CAT scan in the morning to Double Check.” In response to the former, Mr. Baca wrote – to underscore his need for an interpreter – “don’t matter I must I know everything Because I will take care her when out hospital.” In response to the latter, he wrote, “OK for now Interpreter 24/7!!!!”
28. Parkview either lacks policies and procedures sufficient to ensure timely provision of effective communication or has policies and procedures that are inadequate to ensure this.
29. Parkview denied Mr. Baca access to communication as effective as that available to hearing parents of patients in its health care facilities.
30. The actions above discriminated against Mr. Baca on the basis of his disability. 31. Mr. Baca was harmed by Parkview’s discrimination and failure to make its aids, benefits, and services available to him on nondiscriminatory terms. The discrimination and absence of effective communication, themselves, harmed Mr. Baca. In addition, he suffered emotional harm from the experience of coping with his daughter’s critical injuries without the communication and information essential to any parent in that situation. Throughout the first three days of his daughter’s hospitalization for life-threatening injuries, he felt intensely emotional, helpless, and frustrated. 32. Mr. Baca and his family members have received services at Parkview on multiple occasions and Mr. Baca intends to continue to use Parkview as the principal hospital for himself
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and his family for emergency or inpatient care. Parkview is the only Level II Medical Center in the region where he resides. For these reasons, it is likely that Mr. Baca will in the future be a patient or the companion of a patient receiving medical care at Parkview and, in the absence of the relief requested in this Complaint, likely encounter further illegal discrimination.
FIRST CLAIM FOR RELIEF (Violations of Section 504 of the Rehabilitation Act) 33. Plaintiff incorporates the allegations set forth in the remainder of this Complaint and in each of the above paragraphs as if fully set forth herein. 34. Section 504 prohibits discrimination on the basis of disability by recipients of federal financial assistance such as Parkview. 28 U.S.C. §794. 35. Mr. Baca is an individual with a disability within the meaning of the Section 504. 36. Parkview discriminated against Mr. Baca on the basis of disability in violation of Section 504 and its implementing regulations as more fully described above. Such discrimination includes but is not limited to the failure to provide auxiliary aids and services necessary to ensure effective communication and failure to provide aids, benefits and services as effective as those provided to others. 37. Mr. Baca was qualified to participate in Defendants’ aids, benefits, and services within the meaning of Section 504. 38. Defendants denied Mr. Baca access to their aids, benefits, and services solely on the basis of his disability, thereby violating Section 504. 39. Despite the clear provisions of Section 504, Defendants’ knowledge of Mr. Baca’s requests for an interpreter, and its knowledge of Mr. Baca’s deafness and need for
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accommodation, Defendants continued to impose conditions and practices that discriminated against Mr. Baca.
40. Defendants’ actions described in this Complaint were intentional and/or were taken with deliberate indifference to the strong likelihood that pursuit of its questioned policies would likely result in a violation of Mr. Baca’s rights under the ADA and Section 504.
41. As a direct and proximate result of the acts, omissions, and violations alleged above, Mr. Baca has suffered damages, including but not limited to pain and suffering, inconvenience, and emotional distress.
42. Mr. Baca has been injured and aggrieved by and will continue to be injured and aggrieved by Defendants’ discrimination.
SECOND CLAIM FOR RELIEF (Violations of title III of the Americans with Disabilities Act.) 43. Plaintiff incorporates the allegations set forth in each of the above paragraphs and remainder of this Complaint as if fully set forth herein. 44. Title III of the ADA prohibits discrimination on the basis of disability by entities such as Defendants who own, operate, lease or lease to places of public accommodation. 42 U.S.C. § 12182 et seq. 45. Parkview Medical Center is a place of public accommodation as that term is used in title III of the ADA. 42 U.S.C. § 12181(7)(F). 46. Mr. Baca is an individual with a disability within the meaning of the ADA. 47. Defendants discriminated against Mr. Baca on the basis of disability in violation of title III of the ADA and its implementing regulations as more fully described above. Such
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discrimination includes but is not limited to the failure to provide auxiliary aids and services and the failure to provide communication equally effective to that provided to others.
48. Mr. Baca was qualified to participate in Defendants’ goods, services, facilities, privileges, advantages, and accommodations within the meaning of title III of the ADA.
49. Defendants denied Mr. Baca services, and otherwise treated him differently on the basis of his disability, thereby violating title III of the ADA.
50. Despite the clear provisions of title III, Defendants’ knowledge of Mr. Baca’s requests for an interpreter, and its knowledge of Mr. Baca’s deafness and need for accommodation, Defendants continued to impose conditions and practices that discriminated against Mr. Baca.
51. As a direct and proximate result of the acts, omissions, and violations alleged above, Mr. Baca has suffered damages including but not limited to pain and suffering, inconvenience, emotional distress, and impairment of quality of life.
52. Mr. Baca has been injured and aggrieved by and will continue to be injured and aggrieved by Defendants’ discrimination.
THIRD CLAIM FOR RELIEF (Violations of the Colorado Anti-Discrimination Act.) 53. Plaintiff incorporates the allegations set forth in each of the above paragraphs of this Complaint as if fully set forth herein. 54. Parkview is a place of public accommodation as defined in C.R.S. § 24-34601(1). 55. C.R.S. § 24-34-601(2) provides in relevant part that “[i]t is a discriminatory practice and unlawful for a person, directly or indirectly, to refuse, withhold from, or deny to an
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individual or a group, because of disability . . . the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation . . .”
56. By, among other things, failing to provide effective communication services to Mr. Baca on July 6, 7, 8 and at other times while his daughter was receiving services at Parkview, despite their knowledge that he was Deaf, and despite his repeated requests for interpreter services, Defendants discriminated against Mr. Baca by denying him the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of the Center in violation of C.R.S. § 24-34-601.
WHEREFORE, Plaintiff respectfully requests: 1. That this Court assume jurisdiction; 2. That this Court declare the actions of Defendants described in this Complaint to
be in violation of title III of the Americans with Disabilities Act, Section 504, and the Colorado Anti-Discrimination Act;
3. That this Court enter an injunction ordering Defendants to cease discrimination on the basis of disability against deaf patients and companions of patients, including but not limited to Mr. Baca, by (among other things) establishing a procedure to ensure effective communication with persons who are deaf or hard of hearing;
4. That this Court award Mr. Baca compensatory damages pursuant to Section 504 and the Colorado Anti-Discrimination Act;
5. That this Court award Mr. Baca and/or his attorneys his reasonable attorneys’ fees and costs; and
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6. That this Court award such additional or alternative relief as may be just, proper, and equitable. Dated this 9th day of February, 2015. Respectfully submitted, s/ Amy F. Robertson ___________________________________ Amy F. Robertson Civil Rights Education and Enforcement Center 104 Broadway, Suite 400 Denver, CO 80203 Phone: (303) 757-7901 arobertson@creeclaw.org Attorney for Plaintiff
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 Case: 1:15-cv-270 As of: 10/13/2016 12:23 PM MDT 1 of 4
STLMT,TERMED
U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:15−cv−00270−RBJ

Baca v. Parkview Medical Center, Inc. et al Assigned to: Judge R. Brooke Jackson Referred to: Magistrate Judge Kathleen M. Tafoya (Settlement) Cause: 42:12181 American With Disabilities Act (ADA)
Plaintiff

Date Filed: 02/09/2015 Date Terminated: 11/04/2015 Jury Demand: None Nature of Suit: 446 Civil Rights: Americans with Disabilities − Other Jurisdiction: Federal Question

George Baca

represented by Sarah Marie Morris Civil Rights Education and Enforcement Center 104 Broadway Suite 400 Denver, CO 80203 303−757−7901 Email: sarahmorris7@gmail.com ATTORNEY TO BE NOTICED

Amy Farr Robertson Civil Rights Education and Enforcement Center 104 Broadway Suite 400 Denver, CO 80203 303−757−7901 Fax: 303−595−9705 Email: arobertson@creeclaw.org ATTORNEY TO BE NOTICED

V. Defendant Parkview Medical Center, Inc.
Defendant Parkview Health Systems, Inc.

represented by Brooke A. Colaizzi Sherman &Howard, L.L.C.−Denver 633 17th Street Suite 3000 Denver, CO 80202−3622 303−297−2900 Fax: 303−298−0940 Email: BColaizzi@shermanhoward.com ATTORNEY TO BE NOTICED
Raymond Myles Deeny Sherman &Howard, L.L.C.−Denver 633 17th Street Suite 3000 Denver, CO 80202−3622 303−299−8194 Fax: 303−298−0940 Email: rdeeny@shermanhoward.com ATTORNEY TO BE NOTICED
represented by Brooke A. Colaizzi (See above for address) ATTORNEY TO BE NOTICED

Case: 1:15-cv-270 As of: 10/13/2016 12:23 PM MDT 2 of 4

Raymond Myles Deeny (See above for address) ATTORNEY TO BE NOTICED

Date Filed 02/09/2015
02/09/2015 02/09/2015 02/09/2015 02/09/2015 02/10/2015
02/18/2015 02/18/2015 03/03/2015 03/04/2015
03/04/2015 03/05/2015
03/05/2015 03/30/2015

# Docket Text
1 COMPLAINT against Parkview Health Systems, Inc., Parkview Medical Center, Inc. (Filing fee $ 400,Receipt Number 1082−4261077)Attorney Amy Farr Robertson added to party George Baca(pty:pla), filed by George Baca. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Robertson, Amy) Modified on 2/9/2015 to correct party name.(dbera, ). (Entered: 02/09/2015)
2 Case assigned to Judge Richard P. Matsch and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry (dbera, ) (Entered: 02/09/2015)
3 SUMMONS issued by Clerk. Magistrate Judge Consent form issued pursuant to Local Rule (Attachments: # 1 Summons, # 2 Magistrate Judge Consent Form) (dbera, ) (Entered: 02/09/2015)
4 MEMORANDUM RETURNING CASE for Reassignment by Judge Richard P. Matsch (evana, ) (Entered: 02/09/2015)
5 CASE REASSIGNED pursuant to 4 Memorandum Returning Case. This case is reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 15−cv−00270 RBJ. (Text Only Entry) (evana, ) (Entered: 02/09/2015)
6 ORDER TO SET SCHEDULING CONFERENCE: The parties are ordered to set an initial scheduling conference in this Court (with Judge Jackson) pursuant to Fed. R. Civ. P. 16(b) and D.C.COLO.LCivR 16.1 no later than 45 days after the answer, motion to dismiss or other response to the complaint is filed. Please see the order for details. By Judge R. Brooke Jackson on 2/10/2015. (rbjsec. ) (Entered: 02/10/2015)
7 SUMMONS Returned Executed by George Baca. Parkview Medical Center, Inc. served on 2/11/2015, answer due 3/4/2015. (Robertson, Amy) (Entered: 02/18/2015)
8 SUMMONS Returned Executed by George Baca. Parkview Health Systems, Inc. served on 2/11/2015, answer due 3/4/2015. (Robertson, Amy) (Entered: 02/18/2015)
9 NOTICE of Entry of Appearance by Sarah Marie Morris on behalf of George BacaAttorney Sarah Marie Morris added to party George Baca(pty:pla) (Morris, Sarah) (Entered: 03/03/2015)
10 ANSWER to 1 Complaint, Attorney Brooke A. Colaizzi added to party Parkview Health Systems, Inc.(pty:dft), Attorney Brooke A. Colaizzi added to party Parkview Medical Center, Inc.(pty:dft) by Parkview Health Systems, Inc., Parkview Medical Center, Inc..(Colaizzi, Brooke) (Entered: 03/04/2015)
11 CORPORATE DISCLOSURE STATEMENT. (Colaizzi, Brooke) (Entered: 03/04/2015)
12 NOTICE of Entry of Appearance by Raymond Myles Deeny on behalf of Parkview Health Systems, Inc., Parkview Medical Center, Inc.Attorney Raymond Myles Deeny added to party Parkview Health Systems, Inc.(pty:dft), Attorney Raymond Myles Deeny added to party Parkview Medical Center, Inc.(pty:dft) (Deeny, Raymond) (Entered: 03/05/2015)
13 MINUTE ORDER: A Scheduling Conference is set for April 21, 2015 at 1:30 p.m. in Courtroom A 902 before Judge R. Brooke Jackson. By Judge R. Brooke Jackson on 3/5/2015. Text Only Entry (rbjsec. ) (Entered: 03/05/2015)
14 STIPULATION of Dismissal of Party Parkview Health Systems, Inc. by Plaintiff George Baca. (Robertson, Amy) (Entered: 03/30/2015)

Case: 1:15-cv-270 As of: 10/13/2016 12:23 PM MDT 3 of 4

04/01/2015 04/02/2015 04/10/2015 04/21/2015
04/21/2015 06/25/2015 06/26/2015
06/29/2015 06/29/2015 06/29/2015 07/09/2015 07/20/2015 07/20/2015
07/31/2015

15 Stipulated MOTION for Protective Order by Plaintiff George Baca. (Robertson, Amy) (Entered: 04/01/2015)
16 ORDER granting in part and denying in part 15 Stipulated MOTION for Protective Order. Granted as to the medical records of Eva Baca and other patients of Parkview Medical Center. Otherwise denied. By Judge R. Brooke Jackson on 4/2/2015. Text Only Entry(rbjsec. ) (Entered: 04/02/2015)
17 Proposed Scheduling Order by Plaintiff George Baca. (Robertson, Amy) (Entered: 04/10/2015)
18 COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Scheduling Conference held on 4/21/2015. Discovery due by 11/2/2015, Dispositive Motions due by 12/2/2015. Three day Bench Trial set to commence 3/14/2016 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson with a Trial Preparation Conference on 2/25/2016 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. Court Reporter: Kara Spitler. (jdyne, ) (Entered: 04/21/2015)
19 SCHEDULING ORDER: by Judge R. Brooke Jackson on 4/21/15. (jdyne, ) (Entered: 04/21/2015)
20 Joint MOTION for Referral for a Settlement Conference and for Continuation of Deadlines by Plaintiff George Baca. (Robertson, Amy) (Entered: 06/25/2015)
21 ORDER denying 20 Joint MOTION for Referral for a Settlement Conference and for Continuation of Deadlines. The Court agrees that Magistrate Judge Hegarty is an excellent mediator. However, the policy of the court at this time is that referrals to magistrate judges for settlement conferences are made to the magistrate judge randomly assigned to the case. I will be happy to refer the case to Magistrate Judge Tafoya for a settlement conference at your request. As for the deadlines, I have no objection to any modification of the schedule to which you agree except the dispositive motions deadline. It would be difficult for the Court to consider a dispositive motion with full briefing any later and still maintain the trial date. By Judge R. Brooke Jackson on 6/26/2015. Text Only Entry(rbjsec. ) (Entered: 06/26/2015)
22 Joint MOTION for Referral for a Settlement Conference and for Continuation of Deadlines by Plaintiff George Baca. (Robertson, Amy) (Entered: 06/29/2015)
23 ORDER granting 22 Joint MOTION for Referral for a Settlement Conference and for Continuation of Deadlines. By Judge R. Brooke Jackson on 6/29/2015. Text Only Entry(rbjsec. ) (Entered: 06/29/2015)
24 ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya, as indicated. by Judge R. Brooke Jackson on 6/29/15. (jdyne, ) (Entered: 06/29/2015)
25 ORDER Setting Settlement Conference for 8/19/2015 01:30 PM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 7/9/15. (sgrim) (Entered: 07/09/2015)
26 Unopposed MOTION for Leave to Appear by Insurance Representative at Settlement Conference by Telephone by Defendant Parkview Medical Center, Inc.. (Colaizzi, Brooke) (Entered: 07/20/2015)
27 MEMORANDUM regarding 26 Unopposed MOTION for Leave to Appear by Insurance Representative at Settlement Conference by Telephone filed by Parkview Medical Center, Inc. Motion 26 is referred to Magistrate Judge Kathleen M. Tafoya, by Judge R. Brooke Jackson on 7/20/2015. Text Only Entry (rbjsec. ) (Entered: 07/20/2015)
28 MINUTE ORDER denying 26 Motion for Leave for Insurance Representative to Appear at Settlement Conference by Telephone. In order for the defendant to make a good faith effort at settlement, the insurance representative must appear in person. By Magistrate Judge Kathleen M. Tafoya on 7/31/15. Text Only Entry(kmtlc1 ) (Entered: 07/31/2015)

Case: 1:15-cv-270 As of: 10/13/2016 12:23 PM MDT 4 of 4

08/19/2015 09/03/2015 09/04/2015 09/08/2015
09/29/2015 11/04/2015 11/04/2015

29 MINUTE ENTRY for Settlement Conference proceedings held before Magistrate Judge Kathleen M. Tafoya on 8/19/2015. (morti, ) (Entered: 08/20/2015)
30 ORDER. A continued Settlement Conference is set for 9/29/2015 at 01:30 PM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. The parties shall appear as previously arranged. Entered by Magistrate Judge Kathleen M. Tafoya on 09/03/2015. Text Only Entry (kmt, ) (Entered: 09/03/2015)
31 Joint MOTION to Continue Deadlines by Plaintiff George Baca. (Robertson, Amy) (Entered: 09/04/2015)
32 ORDER granting 31 Joint MOTION to Continue Deadlines. The deadlines are extended as follows: Plaintiffs Response to Defendants First Discovery is 10/9/15; Deadline for written discovery is 10/19/15; Deadline for expert disclosure is 10/20/15; Deadline for rebuttal experts is 11/10/15; and Discovery cut−off is 11/18/15. By Judge R. Brooke Jackson on 9/8/15. Text Only Entry(rbjsec.) (Entered: 09/08/2015)
33 MINUTE ORDER: The Settlement Conference set for September 29, 2015, is vacated. The Settlement Conference will not be reset. By Magistrate Judge Kathleen M. Tafoya on 9/29/15. Text Only Entry (kmtlc1 ) (Entered: 09/29/2015)
34 STIPULATION of Dismissal of Case With Prejudice by Defendants Parkview Health Systems, Inc., Parkview Medical Center, Inc.. (Colaizzi, Brooke) (Entered: 11/04/2015)
35 Civil Case Terminated pursuant to 34 stipulation to dismiss filed in this case on 11/4/15. Text Only Entry (jdyne, ) (Entered: 11/04/2015)

 
 SETTLEMENT AGREEMENT
George Baca("Baca")hereby enters into this Settlement Agreement("Agreement") with Parlcview Medical Center, Inc.,("Parkview"). Baca and Parlcview are referred to collectively in this Agreement as "the Parties."
Baca brought a lawsuit against Parlcview titled George Baca v. Parlcview Medical Center, Inc., No. 15-cv-00270-RBJ (the "Lawsuit"), which currently is pending in the United States District Court for the District of Colorado.
This Agreement sets forth the terms and conditions of a settlement between Baca and Parkview resolving all claims and controversies between them, including but not limited to the Lawsuit.
I. TERMS
A. By entering into this Agreement, no Party admits any liability or wrongdoing whatsoever.
B. The Parties agree that neither Party will make any comments or statements, or cause any comments or statements to be made,that discredit or disparage the other Party.
C. The Parties have collaborated on and agree to the joint press-release attached hereto as Exhibit A and will issue said release once this Agreement is fully executed.
D. Parlcview will apologize to Baca for his treatment in July 2013. The apology will be oral and private and the Parties agree that the content of the apology will not be made public in any way. Baca agrees that he will not have any input into the content ofthe apology, nor will he have any cause ofaction for breach ofthis Agreement based on the content ofthe apology.
E. Parkview will provide a demonstration of the VRI system for Baca, to be scheduled through his attorney.
F. For two years, Parlcview will provide an annual report to a neutral third-party agreed upon by the Parties regarding the state of Parkview's current technology and practices for providing effective communication to deaf and hard-of-hearing patients and visitors. The report will include the number oftimes the VRI system was used over the reporting period,the number oftimes an ASL interpreter was engaged over the reporting period, complaints, commendations, or other comments received, and any downtime or other technical difficulties resulting in the system being unavailable in excess of two hours. For two years, the third party will be able to provide non-binding recommendations concerning these matters.
G. Parkview will maintain a VRI system that is, at a minimum, materially equivalent to the present system, which was installed and functioning prior to the Lawsuit, in terms of technology, versatility, and Internet reliability.

H. Parkview will keep in place its current or updated policies permitting reliance on VRI in emergencies. Pre-scheduled and outpatient services will continue to use in-person ASL interpreters for sign language needs. In the following specific situations, staff must use extra care to determine whether VRI is sufficient or whether an in-person ASL interpreter is needed:

1. childbirth; 2. patients who are children; 3. deaf patients who have cognitive disabilities, mental illness, or are obviously under
the influence of drugs(prescribed or otherwise)or alcohol; 4. patients who are emotional or violent; 5. patients who have a secondary disability such as vision impairment; and 6. patients who have injuries or other conditions that impede their ability to view the
screen.

I. Parlcview will ensure that notices are posted in sufficient size, number, and location to inform patients and companions who need sign language interpretation of the availability of, and procedures for obtaining, interpretation via either VRI or on-site ASL interpreters.

J. Parlcview will ensure that any information provided to patients or companions by video is captioned or interpreted.

K, Parlcview will keep in place its current training regimen for existing and new clinical staff regarding the provision of effective communication to patients, companions, and visitors. Parlcview will train its staff that lip-reading and note-writing are often not effective in communicating medical information to individuals who are deaf or hard of hearing and that staff should take care in ascertaining the preferred method of communication of the deaf or hard of hearing patient or companion.

L. Parkview will pay the gross sum of $65,000.00 (sixty-five thousand dollars)(the "Settlement Payment"). This Settlement Payment is the entire payment by Parkview to settle all claims brought against Parlcview in the Lawsuit and all claims that Baca might have brought against Parlcview in the Lawsuit or in any other state or federal judicial or administrative forum up to the date of the execution of this Agreement, including any claims for attorneys' fees and costs.

1. Parlcview will issue two separate checks, one made payable to Baca in the amount of $30,000.00 and one made payable to the Civil Rights Education and Enforcement Center, counsel for Baca,in the amount of$35,000.00.

2. This Settlement Payment will be paid to Baca within ten(10)business days ofthe Effective Date ofthis Agreement, as defined below, and will be reported to the Internal Revenue Service("IRS")on a 1099 Form.

i.

The Parties agree that Baca and/or his attorneys will pay any taxes,

interest, or penalties due by them on the Settlement Payment, and that Parkview has no

2

obligation to pay or assist in paying any such amounts. Baca acknowledges that Parlcview has not provided any advice or opinion to him regarding potential tax liability for payments made under this Agreement. Baca further agrees to indemnify and hold Parkview and its officers, agents, employees, and insurer harmless against any claims by the IRS or any other entity, including for any attorney fees and costs incurred, related to the taxation of the Settlement Payment.

ii.

This Agreement is not intended or written to be used, and it cannot be

used, by any taxpayer for the purpose of avoiding penalties that maybe imposed on any taxpayer

by the IRS.

3. Baca accepts the Settlement Payment described above as full payment for ail amounts owed to him by Parlcview on any basis, including, but not limited to, any claim for attorneys' fees or costs.

M. Baca, individually and on behalf of his successors, heirs, and assigns, releases Parlcview and any current or future affiliates of Parlcview, including but not limited to its officers, employees, attorneys, and insurers, (collectively "Parkview Released Parties"), from any and all claims or liabilities, known or unknown, suspected or unsuspected, past or present, up to the date Baca signs this Agreement. Nothing in this paragraph waives or releases any claim or right that cannot by law be waived or released.

N. The Parties agree that they will instruct their attorneys in the Lawsuit to cooperatively prepare and file the necessary motion to dismiss the Lawsuit with prejudice no later than ten(10)business days after Parlcview pays Baca the Settlement Payment.

O. Baca states that he has not assigned or transferred any portion of any claims released or discharged in this Agreement to any person and affirmatively states that no one(such as a judgment creditor, government insurer, or beneficiary of a court order concerning child support or other garnishment) has any right to assert any interest in the amount being disbursed. Parlcview states that it has not assigned or transferred any portion of any claims released or discharged in this Agreement to any person.

P. This Agreement is the complete agreement between the Parties. No other representations or promises were made, or may be demanded, concerning the resolution of this matter.

Q. The Parties acknowledge that each was advised by and consulted with an attorney during the negotiation of this Agreement. This Agreement and all of its terms are to be construed equally as to both Parties.

R. This Agreement will become effective on the first business day after it is fully executed (the "Effective Date"). Parlcview agrees to execute the Agreement within twenty-four (24) hours of receiving a copy executed by Baca. If Baca fails to execute this Agreement within a reasonable time, Parkview will have no obligation to make the Settlement Payment or to comply with any ofthe other terms in this Agreement.

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S. This Agreement may be executed in identical counterparts, which, when considered together, constitute the entire agreement ofthe Parties.
T. Baca has read this Agreement, has had the opportunity to consult with an attorney as to the meaning ofthis Agreement,and understands each ofits terms.
U. Baca voluntarily signs this Agreement as his own free act, in exchange for consideration to which he otherwise would not be entitled to or which his entitlement has been in dispute.
V. This Agreement shall be governed by the law of the State of Colorado, or by federal law to the extent federal law preempts state law.
II. DISPUTE RESOLUTION PROCEDURE:
A. If either Party alleges this Agreement has been breached, that Party shall provide written notice to the other Party within thirty (30) days of discovering the alleged breach(es). The written notice should include specific details concerning the reason that Party believes there has been a breach ofthe Agreement,including what provision ofthis Agreement he or it believes has been violated.
B. The Parties shall then meet and discuss the concerns raised in the written notice within fifteen(15)business days.
C. Any deadlines established in this dispute procedure may be extended by written agreement ofthe Parties.
D. Failure to comply with these dispute procedures shall constitute a waiver of any claims arising from the alleged breach ofthe Agreement.
III. MEDICARE LIEN INDEMNIFICATION.
A. Baca represents and warrants in good faith that:
1. He is enrolled in Medicare.
2. In the Lawsuit, he sought damages related to pain and suffering, inconvenience, emotional distress, and impairment ofquality oflife.
3. He received no physical or mental health care services and received no Medicare benefits for medical services related to the damages sought in the Lawsuit.
4. No known or knowable claims, liens, or super-liens exist against the Settlement Payment.
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~. If any claims or liens ire asserted, $aca will ensure that they shad be paid and satisfied from the Settlement Payment or waived in full.

6, ~Te w~1 indemnify and ho1~ harmless the ~'arXcview Released Parrt:.es from any claim ~iy, thraugh andlor under the Medicare ~ecandaty Payer statute, including but nat limited #a auy direct claim by I~tledicare and/or Social Security for reimbursement of any fitnt~s p~iti by them relating to the claims or damages raised in the Lawsuit.

7. Thy it~fannation provided to the Parkvie~v Released Parties used for confirmation of ~aca's ~vlec~icare status, including his name, gender, date of ~irkh, and Saci~.l Security Number,is complete, accurate,and current as ofthe date ofthis Agreement.

B. Parkvievv agrees to release tie Settlement ~'ayment without a Conditional Payment letter in specific reliance on the representation of Baca°s counsel, set Earth in Exhibit B hereto, ghat the Centers for Medicare & Ivledicaid Services("CMS")communicated to her that CM5 cannot issue a Conditional Payment letter.

IN WITNESS THEREOF, aid intending to be legally bound, the Parties Hive executed this Agreement.

CrEORGE BACA

PARKVIEW MEDICAL CENTER,INC.
~~~~~

Da~~d. t,,.~ ,F- ~ ~S

Title• ~c~~ t c~.r~~~ ~~ fi~

Dated: ~a~,t~/Zvi 5

5

**FOR IMMEDIATE RELEASE**

October 16,2015

CONTACT:

Amy Robertson Civil Rights Education and Enforcement Center 303-757-7901 arobertson@creeclaw.org

Michelle Peulen Parkview Medical Center,Inc. 719-584-4499 MichelleP@parlcviewmc.com

Baca v. Pa~kview Resolved
George Baca and Parkview Medical Center Reach Mutually Beneficial Agreement
PUEBLO, CO —George Baca and Parkview Medical Center have reached a settlement in Mr. Baca's lawsuit under the Americans with Disabilities Act currently pending in the United States District Court for the District of Colorado addressing Parkview's provision of effective communication to deafindividuals.
Following his daughter's hospitalization in July, 2013, Mr. Baca -- who is deaf -- alerted Parlcview to shortcomings in their system for communicating with deaf and hard-of-hearing patients and family members. Prior to the initiation of the Lawsuit, Parkview installed video remote interpreting (VRI) to ensure immediate access to sign language interpreters, and has instituted policies that also ensure that pre-scheduled and outpatient services will continue to use in-person ASL interpreters. Parkview will continue its current training program, ensuring that staff are trained that lip-reading and note-writing are often not effective in communicating medical information to individuals who are deaf or hard ofhearing and that staffshould take care in ascertaining the preferred method of communication of the deaf or hard of hearing patient or companion.
Mr. Baca and Parlcview worked together to reach an agreement that recognizes the steps that Parkview has already taken to improve their communication policies, while also putting in place provisions that address Mr. Baca's specific concerns.
Mr. Baca appreciates Parkview's dedication to improving services for deaf and hard-of-hearing patients and families and Parlcview appreciates Mr. Baca's contributions to the new policies and technologies.
For more information please contact the Press Contacts above.
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Civil Rights Education and Enforcement Center(CREEC) The Civil Rights Education and Enforcement Center is aDenver-based membership organization that has the goal ofensuring that everyone can fully and independently participate in our nation's civic life without discrimination based on race, gender, disability, religion, national origin, sexual orientation, or gender identity. www.creeclaw.or~.

EXHIBIT A

- ~ ,~ _ ~ _r

CIVIL. I~TGH"CS ~17UCACIOh7 r~ND ENFORCEMENT CENTER

104 Broadway,Suite 400 Denver,CO 80203 303.757.7901 ww~~.creecla~v.or~
Amy F.1Zo~ertson arobea~tsonGcr~ecla~nr.oil

October 13,2Q15
By email to: bcol.aizzz@sl.~ei°inanlzowaz~d.coln
Brooke A. Calaizzi Sherman & ~-Toward LLC 633 Seve~lteenth Street Suite 3000 Denver,Colorado 80202
Re: Baca z~. Parlcviezv Medical Center, No,15-cv-00270-RBJ
Dear Brooke:
I am writing to document my telephone call wif11 tlZe $enefits Coordination ar~d Recovery Center of the Centers for Medicare a~~d Medicaid Services("CMS")an or abo~xt October 5,2015. Tz1 that call,I attempted uz good faith to obtain a Conditional Paymentletter or Medicare waiver for George Baca ~~el~ting fio fihe subject matter of t11e captioned litigation, ~b~.7t was unable to do so, Rathe~~, the CNISrepresentative explained tl~~t t11ey would clot be able to issue a letter of any sort, as there was i~to i~Zjury involved.

SI11C~~'~lyy
CIVIL RIGHTS EDUCATION

EXHIBIT B