Naiman v. NYU Medical Center, 1997 WL 249970 (2nd Cir. 1997)
A former deaf patient of a university [KK1]medical center sued seeking injunctive and monetary damages for violation of the ADA and Section 504. The plaintiff alleged that defendant failed to provide sign language interpreters on four separate occasions over several years and therefore he was denied meaningful participation in his medical care[KK2]. Plaintiff sought to intervene in a prior class action seeking injunctive relief on the same issue and was denied. Defendant moved to dismiss. The defendant’s motion to dismiss for failure to state a claim was granted in part and denied in part: Plaintiff’s allegations of being denied meaningful participation were sufficient to state claims for violations of the ADA and Section 504 and his allegation that he requested a qualified interpreter, which was not provided, coupled with the absence of any allegation that the defendant attempted to provide plaintiff with effective communication, sufficiently alleges intent for the purposes of monetary relief under Section 504. However, plaintiff's allegations were insufficient to establish standing for injunctive relief under the ADA and Section 504. Plaintiff was given 30 days in which to amend the complaint.