BASTA v. NOVANT HEALTH INC.

No. 21-2375.

56 F.4th 307 (2022)

Neil BASTA, Plaintiff-Appellant v. NOVANT HEALTH INCORPORATED; Novant Health Southern Piedmont Region, LLC; the Presbyterian Hospital, d/b/a Novant Health Huntersville Medical Center, Defendants-Appellees United States of America, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 27, 2022.


Attorney(s) appearing for the Case

ARGUED: David John Hommel, Jr. , EISENBERG & BAUM, LLP, New York, New York, for Appellant. David E. Stevens , JOHNSTON, ALLISON & HORD, P.A., Charlotte, North Carolina, for Appellees. Noah Benjamin Bokat-Lindell , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Amicus United States. ON BRIEF: Andrew Rozynski , EISENBERG & BAUM, LLP, New York, New York, for Appellant. Patrick E. Kelly , JOHNSTON, ALLISON & HORD, P.A., Charlotte, North Carolina, for Appellees. Kristen Clarke , Assistant Attorney General, Tovah R. Calderon , Christopher C. Wang , Civil Rights Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Amicus United States.

Reversed and remanded by published opinion. Judge Wilkinson wrote the opinion, in which Judge Niemeyer and Senior Judge Traxler joined.


Neil Basta, a deaf man, sought an interpreter to communicate with Novant Health Huntersville Medical Center during his wife's childbirth there. After Novant Health failed to provide him with a live interpreter or a functioning Video Remote Interpreting device, Basta filed this disability discrimination lawsuit. The district...

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