DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
171374P.pdf 09/04/2018 Roger Durand v. Fairview Health Services
U.S. Court of Appeals Case No: 17-1374
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Melloy, Author, with Shepherd and Grasz, Circuit Judges]
Civil case - Americans with Disabilities Act. On the facts presented, the
court cannot conclude that the defendant hospital failed to discharge its
duty to provide plaintiffs with effective communication concerning their
child's medical information; the facts were sufficient to establish that
the hospital provided plaintiffs with the requested auxiliary aid (a TTY
device) and offered assistance, which was declined, in setting up the
device; the patient's sister did not qualify for associational standing to
bring a claim as her parents, as disabled persons, were not denied
statutorily required services under the ADA, the Rehabilitation Act or the
Minnesota Human Rights Act; her injury, therefore, could not be casually
related to the denial of federally required services to the disabled
person with whom she, as a non-disabled person, was associated.