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Plaintiff alleges major hospital chain violated disability access laws

LOUISIANA RECORD

Wednesday, April 2, 2025

Plaintiff alleges major hospital chain violated disability access laws

Federal Court
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U.S. District Court for the Eastern District of Louisiana | Official website

Danita McDaniel has filed a lawsuit against a prominent medical facility, alleging significant violations of the Americans with Disabilities Act (ADA) and state human rights laws. On March 19, 2025, McDaniel lodged her complaint in the United States District Court for the Eastern District of Louisiana against Ochsner Clinic Foundation.

McDaniel, who suffers from a debilitating hip condition that necessitates the use of a wheelchair, accuses Ochsner Clinic Foundation of failing to provide adequate accessibility at its New Orleans facility. The plaintiff claims that during her visits to Ochsner Baptist located at 2700 Napoleon Ave, she encountered numerous barriers that impeded her access to essential services. According to McDaniel's complaint, these obstacles include improperly configured restrooms with toilets too low and handrails too high, narrow wheelchair-accessible stalls, and poorly placed trash cans obstructing accessible routes. "The defendant is in violation of 42 U.S.C. § 12181 et seq.," asserts McDaniel in her filing, citing both federal and state laws intended to protect individuals with disabilities.

McDaniel's legal action seeks not only declaratory and injunctive relief but also compensatory damages for the alleged discrimination she faced due to architectural barriers at the medical facility. She argues that these barriers are readily removable without imposing undue hardship on the defendant and contends that their removal would afford her equal access to the services provided by Ochsner Clinic Foundation. The lawsuit underscores McDaniel's ongoing struggle as she plans future visits for medical treatment but fears continued discrimination unless changes are made.

In addition to monetary compensation under Louisiana’s anti-discrimination statutes, McDaniel requests an order compelling Ochsner Clinic Foundation to modify its premises in compliance with ADA standards. Her legal team from Bizer & DeReus, LLC—comprising attorneys Andrew D. Bizer, Garret S. DeReus, and Eva M. Kalikoff—seeks reimbursement for attorney fees and related costs incurred in pursuing this case.

This case is being heard under Case ID 2:25-cv-00543 by judges yet unnamed in court documents.

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