Disabilities 

The New Jersey Law Journal reports that deaf patient Irma Gerena has been awarded $400,000 because her doctor failed to provide an interpreter during her visits. Gerena filed suit under state anti-discrimination laws and the federal Americans with Disabilities Act and Rehabilitation Act.

Gerena repeatedly requested an interpreter at rheumatologist Robert Fogari's office, even having a professional in the field explaining the law regarding the issue to her doctor. Finally, Gerena went to a new doctor for her lupus treatment, only to find that the steroid medication prescribed by Fogari was causing her immense swelling.  Gerena claims she did not realize this was a side effect of the medication rather than the illness, due to the lack of interpretation.

Fogari argued that he could not justify paying an interpreter $150 to $200 per hour when Gerena's insurance only reimbursed him $49 per visit. The jury arrived at the award via tax records showing Fogari's annual income as $400,000. Clara Smit, counsel for Gerena, stated the verdict is a national record for such a case. Approximately half of the total award represents punitive damages. Fogari's malpractice carrier has denied the claim because quality of care was not the issue, thus making him personally liable for the judgment.

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