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Rocky Mountain Women’s Health Care

title-line

Citation

Chambers v. University Hospital and M. H. Melmed, M.D. P.C., Civ. Act. No. 00-N-1794 (CBS) (D.C. Colo. 2000)

Issues

A blind woman was denied fertility treatment and artificial insemination services on the basis of disability at two different clinics: Rocky Mountain Women’s Health Care Center, operated by M. H. Melmed, M.D., P.C., and a clinic operated by University Hospital and the University of Colorado Health Sciences Center. Defendant M. H. Melmed, M.D., P.C. has defended by, among other things, saying Plaintiff posed a “direct threat” to the safety of her yet-to-be-conceived baby. While Plaintiff was about to undergo an insemination treatment, Defendant’s doctors demanded that Plaintiff get an occupational therapy assessment of her home to make sure it was safe for a baby. After looking into it, Plaintiff informed the doctors that she could not obtain such an evaluation. Rocky Mountain Women’s Health Care doctors refused to inseminate and refused all further services until Plaintiff provided evaluations that could be studied by the doctors. Rocky Mountain Women’s Health Care doctors do not place such burdens on sighted patients.

Status

A jury verdict was reached on November 21, 2003. The jury found no discrimination.

Judgment was entered against the Plaintiff on December 3, 2003. Plaintiff filed a Motion for Judgment as a Matter of Law and a Motion for a New Trail, but those motions were denied. Plaintiff recently finished briefing the appeal issues. The 10th Circuit Court of Appeals heard oral argument on the appeal on May 5, 2005.

The 10th Circuit Court of Appeals denied the appeal in an unpublished decision.

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