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Serving Region 9 - Arizona, California, Hawaii, Nevada & the Pacific Basin

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Pacific ADA Center (Region 9)

The purpose of the Pacific ADA Center is to build a partnership between the disability and business communities and to promote full and unrestricted participation in society for persons with disabilities through education and technical assistance.

U.S. Justice Department Expands Arizona Lawsuit Alleging Disability Discrimination in Getting Surgical Care

April 26, 2022

The Justice Department filed an amended complaint today in the U.S. District Court for the District of Arizona to add American Vision Partners (AVP) as a co-defendant in the department’s lawsuit against Barnet Dulaney Perkins Eye Center (BDP). The amended complaint alleges that AVP and BDP discriminate against patients who, because of their disabilities, need assistance transferring from their wheelchairs for eye surgery.

In its original complaint, the department alleged that BDP required patients with disabilities who need transfer assistance to use and pay for third party medical transport and transfer assistance in order to get surgery, in violation of the Americans with Disabilities Act . The amended complaint adds allegations that AVP and BDP have also denied eye surgery to patients who need transfer assistance. The United States alleges that this discriminatory practice delays needed medical care and results in great harm to individuals who need eye surgery, including continued eye pain, vision loss and a loss of independence.

For more information, see the Justice Department Press Release.