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ERVINE v. DESERT VIEW REGIONAL MED. CEN. HOLDINGS

No. 12-15059.

753 F.3d 862 (2014)

Sie ERVINE, as an individual and as Executor of the Estate of Charlene Elaine Ervine, deceased, Plaintiff-Appellant, v. DESERT VIEW REGIONAL MEDICAL CENTER HOLDINGS, LLC; Georges Tannoury, M.D., a domestic corporation; Georges Tannoury, M.D., an individual, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 29, 2014.

Attorney(s) appearing for the Case

Dale H. Boam , Salt Lake City, Utah, argued the cause and filed the briefs, for the plaintiffs-appellants. With him on brief was Norman N. Hirata , Las Vegas, NV.

Eric K. Stryker , Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Las Vegas, NV, argued the cause and filed the brief, for defendant-appellee Desert View Regional Medical Center Holdings, LLC.

John H. Cotton , Cotton, Driggs, Walch, Holley, Woloson & Thompson, Las Vegas, NV, argued the cause and Christopher G. Rigler filed the brief, for defendants-appellees Georges Tannoury, M.D., a domestic corporation and Georges Tannoury, M.D., an individual.

Before: DIARMUID F. O'SCANNLAIN and MARY H. MURGUIA, Circuit Judges, and LYNN S. ADELMAN, District Judge.

OPINION

O'SCANNLAIN, Circuit Judge:

We are presented with claims under the Rehabilitation Act against health care providers for failure to communicate effectively with a person who is deaf.

I

Charlene Ervine, who was deaf, died of cancer in November 2009. In the years before her death, she sought treatment at Desert View Regional Medical Center, a hospital serving Pahrump, Nevada, and from Dr. Georges Tannoury, a practitioner who owned...

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