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Date: 08-07-2022

Case Style:

Elizabeth Fust, ex rel. United States of America v. First Urology, P.S.C.

Case Number: 3:20-cv-00562-CHB

Judge: Claria Horn Boom

Court: United States District Court for the Western District of Kentucky (Jefferson County)

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney:

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Description: Louisville, Kentucky criminal law lawyer represented defendant charged with violating the Americans with Disabilities Act (ADA) by failing to provide individuals with mobility disabilities equal access to its services and facilities.

The allegations involved First Urology’s “Lifting Policy,” which provided it would not assist patients in transferring to examination tables or other diagnostic equipment. First Urology’s policy denied patients full and equal access to the services it provided because it required certain patients with mobility disabilities to bring their own equipment, friends, family, or attendants to help facilitate their transfer, in order to be treated. If the patient did not bring equipment, friends, family, or attendants to help transfer them, First Urology denied that patient treatment. These allegations were raised by three patients who also filed a lawsuit against First Urology, styled Fust et. al, v. First Urology, Case No. 3:20-CV-562 (W.D. Ky.).

“The ADA is a federal civil rights law that prohibits discrimination against individuals with disabilities in everyday activities,” stated Michael A. Bennett, United States Attorney for the Western District of Kentucky. “Everyday activities include medical services, and no patient should be denied health care as a result of a mobility disability.”

Under the terms of the agreement, First Urology will ensure that accessible medical equipment and rooms are available to patients who need them. This may include use of an accessible exam table, Hoyer lift, gait belt, or transfer board, or rails and other stabilizing equipment. First Urology will also modify its policies and practices, train its staff on the ADA and the terms of the agreement, and will periodically submit reports about its compliance with the terms of the agreement. Of the $60,000 being paid by First Urology, $45,000 will be distributed to three patients who were denied treatment and $15,000 will be paid as a civil penalty to the United States.

Assistant U.S. Attorney, Jessica R. C. Malloy, investigated the matter.

Outcome: 08/05/2022 58 ORDER OF DISMISSAL WITH PREJUDICE by Judge Claria Horn Boom on 8/5/22: IT IS HEREBY ORDERED that this matter is DISMISSED WITH PREJUDICE as to First Urology, except to the extent to enforce the agreement and to determine and award attorneys fees and costs in the event the parties are unable to resolve that issue, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). All dates and deadlines are hereby VACATED, and this matter is STRICKEN from the Courts active docket. cc: Counsel (DJT) (Entered: 08/05/2022

Defendant agreed to pay $60,000 to settle the claims made against it.

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