Deaf Wrestler Sues Over Interpreter Rules

VIDEO [CC] - Deaf News: A high school wrestler who is Deaf is suing MHSAA to have an interpreter with him on the mat.



DETROIT -- WXYZ - A Royal Oak High School wrestler who is Deaf has filed a lawsuit against the Michigan High School Athletic Association.



The senior at Royal Oak High School says he is Deaf, and that shouldn’t be a problem. It has become one during meets because the MHSAA is restricting his use of sign language interpreters.



“It is not fair,” said Ellis Kempf, of the rule.



Kemp says at meets sponsored by his school his sign language interpreter is allowed to move around the outside of the wrestling mat. At MHSAA sponsored meets that is not allowed. The MHSAA says the interpreter must be in Kempf’s coach’s designated corner. “That’s not going to work. I can’t see,” said Kempf.

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“They are saying Ellis can have an interpreter he can’t see. He can have an interpreter if the interpreter stands behind his back. That does Ellis no good,” said Attorney Jason Turkish.



So why does the MHSAA have this rule?



The MHSAA says it is for the safety of interpreters. At tournaments there are often several wrestling mats lined up next to each other. While it is rare for wrestlers to go outside the boundaries and collide with each other as an official can stop the action, the MHSAA says an interpreter circling the mat likely would not see competitors from another mat coming toward her or him.



"The MHSAA allows and always has allowed interpreters for the Deaf in wrestling,” said Geoff Kimmerly, an MHSAA spokesperson. "This student has been competing in high school wrestling with the aid of an interpreter for three seasons. There are some limitations on where interpreters can move during competition, especially at large tournaments with multiple mats in close proximity, so the interpreter does not get in the way of coaches, officials and competitors. This is a safety concern. These accommodations have been used for other Deaf wrestlers without problems in the past."



Ellis says the only person getting hurt is him. He points to the fact his record shows he is more likely to win wrestling tournaments that allow sign language interpreters.



“There have been times I lost first place because I didn’t know what was going on,” said Ellis. Source

Deaf Woman Sues NYPD For Wrongly Arrested

VIDEO [CC] - Exclusive Interviews: Deaf woman arrested by NYPD settles case against city for $750,000.



NEW YORK CITY - A Deaf woman who said she was wrongly arrested by cops who ignored her disability settled her case for $750,000 Tuesday, a figure her attorneys say is the largest of its kind.



Diana Williams charged in her suit filed in Manhattan Federal Court that the New York City Police Department officers who slapped her in cuffs ignored police guidelines requiring them to request a sign language interpreter when interacting with Deaf people.



“Deaf individuals have rights, and they do not have to tolerate discrimination and injustices of any kind,” her attorneys Andrew Rozynski and Eric Baum said in a statement.



“Ms. Williams hopes that the settlement will send a message to all law enforcement agencies across the country that they should adopt proper policies and procedures to ensure full communication access for Deaf individuals.”

Two New Yorkers who can't hear or speak and communicate only by sign language claim they were wrongly arrested by NYPD officers in two separate incidents.



Williams’ ordeal began Sept. 11, 2011, when she called 911 for assistance evicting a difficult tenant from her Staten Island home.



Most of the people in the house were Deaf, but cops allegedly ignored training requiring them to request an interpreter.



Without being able to explain to Williams what was happening, Officer Christian Romano arrested her and the tenant for allegedly getting in a fight, and for the next 24 hours police ignored her attempts to communicate, the suit said.



Williams was so panicked she even wrote the letters “HOSP” on the window of a police cruiser in an effort to tell them she needed to go to the hospital, the suit says.



Romano checked the “No” box on the arrest report asking if an interpreter was needed, according to documents. He later checked “No” on different paperwork asking if Williams had a disability.



Williams’ attorneys, who run the Eisenberg and Baum Law Center for Deaf and Hard of Hearing, said they believe their client has received the largest payout ever to an individual alleging Deaf discrimination by a public agency. A Deaf advocate at the firm, Sheryl Eisenberg-Michalowski, also worked on the case.



“Settling was in the best interest of the city,” a Law Department spokesman said. Source by New York Daily News

Starbucks Sued For Discrimination Deaf Employee

Deaf News: Starbucks sued for allegedly discriminating against Deaf staff.

PHOENIX, AZ - The American Genius: Having a product that is in demand is vital, but maintaining quality help is the very bedrock of successful companies. A business, even the most reputable one, cannot make an impact without respectable, pleasant and reliable employees.



Regulars get used to seeing helpful, friendly faces and before you know it, instead of merely stopping by a coffee shop to grab your favorite cup of joe, a connection is made. Patrons become invested in the success of the company because they’re invested in the relationships they’ve fostered with the staff.

And so the cycle begins.



This is the type of emotional correlation that breeds success, but these connections can only occur when employees are valued and supplied the proper modifications at work. With that being said, shame on you, Starbucks.



Obviously, most of the adult world couldn’t function without their java, but that doesn’t give companies like Starbucks a pass on providing disabled employees proper accommodations.



Laura Roberts, a Starbucks employee for seven years, has filed a lawsuit against Starbucks. She claims that the store fired her in retaliation after she repeatedly asked for American Sign Language (ASL) accommodates.



Roberts, who has been Deaf since infancy, requested interpreters during staff and training meetings on various occasions.



She can read, and during her employment relied on a printed schedule for her hours. She also utilized her ability to lip-read in order to serve customers.



After a managerial transition, she was denied a printed schedule, and required to read her schedule from a posted list. Thus, limiting her ability to understand the hours she was required to work... Read More: http://theamericangenius.com/business-news/starbucks-sued-for-allegedly-discriminating-against-deaf-staff/



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Ethiopian Immigrant's Role Model For Deaf Inmates

VIDEO [CC] - Deaf News - Ethiopian immigrant is a role model for Deaf inmates in the United States.



West - Welfare Society Territory: A Deaf Ethiopian immigrant is the new champion for US inmates with hearing impairments. Abreham Zemedagegehu, 41, whose case is causing debate in the US, is suing the powerful sheriff of Arlington, Virginia, for failing to take into account his disabilities during his detention following a theft in 2014.



“In prison, no one could communicate with me,” Abreham Zemedagegehu told the magistrates. This caused him to suffer inhuman and degrading treatment, to the point that he often missed lunch and dinner because he couldn’t hear the bell for mealtimes. Not to mention that he couldn’t communicate with the outside world because there was no phone equipment to meet his needs. Neither was he given access to a doctor who could understand the medications he required.

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Moreover, according to some of the major human rights organisations, Abreham Zemedagegehu is no exception. He’s just proof of a prison system that is not equipped to provide the basic services for prisoners with hearing disabilities, who represent between 5% and 7% of the entire prison population.



Non-governmental organizations say that even small changes would be enough to change things drastically. Some state prisons in the US even state-run prisons in Virginia have become role models to imitate. Arlington prison, where Abreham is detained, is under federal jurisdiction, however, so doesn’t fall into this category. Many state prisons now provide access for the Deaf to electronic message boards for announcements and video phones for calls to family and friends. While there are sign language interpreters for circumstances such as professional courses, disciplinary hearings or medical visits. Source



NOTE: Deaf YouVideo has learned, the West Welfare Society Territory web-site posted an error picture of Kenneth Felix Jr aka KenX50 instead of Abreham Zemedagegehu as seen on HERE.



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Deaf Man Jailed With No Access To Interpreter

Fapping Guy Calls Deaf Video Service 4,000 Times

Deaf News: Guy calls Deaf video service 4,000 times - Allegedly got naked, masturbated in front of ZVRS employees.



NEW YORK POST - A Brooklyn man is using a video calling service for the Deaf to reach out and touch himself, the company providing the service alleges in a lawsuit.



David Marcano is one of the most fervent users of software offered by a Florida company, ZVRS, which gets federal money every time a hearing-disabled person uses its product to place a call, the company claims.



The software allows the Deaf to call one of ZVRS’s sign language interpreters via video chat. The interpreters act as operators, placing calls to third parties on behalf of the Deaf person and then translating the call.



But Marcano, 51, isn’t Deaf, and his calls don’t need any translating, the company says in Brooklyn federal court papers.



Marcano has made 4,646 calls to ZVRS since Jan. 1 “for the sole purpose of masturbating in view of ZVRS’s employees,” the business says.



“In every call made through ZVRS’s software platform, Marcano appears on the video call for the purpose of exposing his genitals or masturbating to ZVRS’s female staff,” according to the suit which seeks unspecified damages.



As soon as ZVRS cancels Marcano’s account, he uses false information to create a new one, they gripe. He’s called from eight different numbers, and contacted them as recently as Sept. 21, the company charges.



He has signed up for new ZVRS accounts under the names “Davey Mareno,” “Davey Mar,” “Dave Maccan,” “Dave Mard” and “Dave Macan,” among others.



The calls have cost the company productivity and business and left ZVRS’s employees with emotional distress, the firm claims.



ZVRS also is seeking an injunction against Marcano to stop his hands-on use of their service, accusing him of fraud and breach of contract because he signed up for software he doesn’t need.



Marcano didn’t respond to messages sent to each of the 24 e-mail addresses ZVRS says he used to create the fake accounts. SOURCE



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Deaf Man Jailed Without Interpreter, Wins Case

Deaf News: Deaf man jailed without sign language translator wins case against District of Columbia jail.



WASHINGTON - A Deaf man who was jailed for 51 days without a sign language translator - left unable to communicate with prison doctors, his counselor, his teachers and other inmates - has won a discrimination case against the District of Columbia.



William Pierce is profoundly Deaf and communicates with sign language. After he pleaded guilty to a simple assault charge stemming from a domestic dispute, he was sentenced to the D.C. Correctional Treatment Facility, which is operated by Corrections Corporation of America.



The jail assumed that "lip-reading and exchanging written notes would suffice," and did not provide a translator, the court found.



"They figuratively shrugged and effectively sat on their hands," the court's decision read. Pierce felt isolated and confused by what was happening in jail, he said in court filings.



The court found that the District and CCA had violated the Americans with Disabilities Act (ADA), as well as the 1973 Rehabilitation Act.



“I am very pleased with Judge Jackson’s decision to find that the District of Columbia violated my rights as a Deaf man and a human being,” Pierce said, through an interpreter, in an American Civil Liberties Union press release.



“Video phones and interpreters are critical for the Deaf and Hard of Hearing inmates to have access to the same opportunities as other inmates," Pierce said. "Unfortunately, even with this decision, the denial of service and adequate access continues... Read more: http://nbcwashington.com/news/local/Deaf-Man-Jailed-Without-Sign-Language-Translator-Wins-Case-Against-DC-Jail.html

Deaf Worker Lawsuit BioLife For Discrimination

Deaf News: Deaf worker whose job offer was rescinded wins bias appeal.

Business Insurance - Deaf employees are allowed to use alternate alerting devices to perform their job, says an appeals court that reversed a ruling Monday in favor of a Deaf job applicant who had a job offer rescinded after being offered the position.



Kelly Osborne filed a lawsuit in U.S. District Court in Cheyenne, Wyoming, against BioLife Plasma Services, a blood collecting facility located in Cheyenne that operates under Deerfield, Illinois-based Baxter Healthcare Corp. Ms. Osborne’s case stated the company violated the Americans with Disabilities Act (ADA), which prohibits employers from discriminating against a qualified individual on the basis of disability.



Ms. Osborne, who is Deaf but can read lips, applied for a plasma center technician position that required monitoring the donor area’s plasmapheresis machines that remove blood from a donor, separate the plasma and return the red blood cells to the donor. The machines emit audible alarms when something goes wrong. She was offered a position, but BioLife’s human resources department determined Ms. Osborne was not qualified, and the offer was rescinded, according to court documents.



The District Court decided May 30, 2014, that Ms. Osborne did not identify reasonable ways that she could monitor the donor blood machines using other methods to alert her and granted summary judgment to BioLife... Read more: http://businessinsurance.com/article/news



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Deaf Advocates Sues U of M Over Stadium Design

VIDEO: National Association of the Deaf sues University of Maryland for failing to provide closed captioning at sports games.



WASHINGTON - Aberdeen Patch: A lawsuit filed in September by the National Association of the Deaf against the University of Maryland for its lack of amenities for Deaf fans at sporting events is just one of many such efforts to ensure hearing-impaired sports enthusiasts can enjoy themselves at stadiums.



Association CEO Howard A. Rosenblum said his organization has successfully sued other athletic organizations over the same issue, including the Washington Redskins, Ohio State University and the University of Kentucky.



The association successfully sued the Washington Redskins in 2011. According to lawsuit documents, the Redskins were required to “provide Deaf and Hard of Hearing fans equal access to the aural information broadcast over the stadium bowl public address system at FedEx Field.”

The University of Maryland lawsuit details complaints brought to the association by Sean Markel and Joseph Innes, two Deaf sports patrons who regularly attend Terrapin sporting events at Comcast Center and Byrd Stadium. Markel and Innes filed another complaint against the university on Oct. 16.



“This is an action to enforce the rights of individuals who are Deaf or Hard of Hearing and to ensure full and equal access to the defendant University of Maryland, College Park’s football and basketball games and other programs, services and activities taking place at defendants’ venues and on the University of Maryland athletic department website,” reads the official complaint filed by the association on behalf of Markel and Innes.



Maryland Assistant Vice President of Marketing and Communications Brian Ullman released a statement in response to the first complaint saying the university is committed to making sure Terrapin fans with disabilities can enjoy the school’s sporting events. He said the team already offers closed captioning through a special website that can be displayed on smart phones and tablets. ... Read more: http://aberdeen.patch.com/groups/sports/p/deaf-advocates-suing-university-of-maryland-have-had-success-with-other-institutions_56a6b094

Deaf Customers Sue Starbucks Over Mocking

Deaf customers sue Starbucks, claim discrimination. Starbucks employees allegedly laughed at speech of hearing impaired customers in New York City.



NEW YORK CITY - Twelve Deaf Starbucks customers in New York City have filed a lawsuit against the Seattle-based coffee company, claiming discrimination. Starbucks employees allegedly mocked the customers multiple times over the course of several years, and once called the police on a monthly meeting of Deaf people.



"Cruel Employees" at two different Manhattan Starbucks mocked Deaf customers and refused to serve them, a stunning new lawsuit says.



"They were ridiculed, laughed at and told they had to leave Starbucks," said lawyer Eric Baum, who's suing on behalf of a dozen Deaf customers.



Jamie Riley, a spokeswoman for the mega-popular coffee chain, said they were aware of the allegations and were investigating them. "Discrimination of any kind is unacceptable at Starbucks," she said.



The suit says one incident took place at a Starbucks at 424 Park Ave. South in August 2012, when customer Alan Roth said a barista laughed when he placed his order, telling him he "sounded funny."



She "asked him to continually repeat himself as she laughed harder each time," and she was soon laughing "hysterically," the suit says.



When Roth demanded to speak to a manager, the employee started screaming obscenities at him and had to be restrained by other Starbucks staff, the suit says. Another employee told Roth to leave and never come back, the suit says.



Roth said he had "never before been so blatantly and maliciously been discriminated against."



The suit says Deaf customers also were forced to leave and had the cops called on them another time at the 13-25 Astor Place location, which had been chosen as the monthly gathering spot for an informal "Deaf Chat Coffee" social group. Read more at http://nydailynews.com/new-york/starbucks-employees-accused-refusing-serve-deaf-customers-article



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Deaf Girl's Family Sues Cochlear Ear Implants For $7.25M

VIDEO: Louisville jury punishes company with $7.25 million verdict for selling Meade County girl defective ear implants that shocked her. An electrical short caused an 8-year-old girl to be thrown to the ground, vomiting and convulsing. The shocks happened two more times until the device was disconnected.



Courier-journal.com: LOUISVILLE, KY - Born Deaf, Breanna Sadler of Vine Grove, Ky., had a cochlear ear device implanted in her head in 2006, when she was 4 years old. Four years later, an electrical short from the device shocked her so violently that she was thrown to the ground, vomiting and convulsing.



After she was shocked two more times, the device had to be removed from her skull and replaced with a competitor’s model in an open-head surgery that took more than seven hours.



Breanna’s parents sued the manufacturer, Advance Bionics of Valencia, Calif., accusing the company of continuing to sell the device after executives knew it was leaking and defective. On Tuesday a U.S. District Court jury in Louisville agreed, awarding Breanna, now 11, and her parents $7.25 million in damages.



In the first of about 40 lawsuits filed nationally to go to trial, the jury said the company should pay $6.25 million in punitive damages alone for recklessly disregarding patient safety.



The Sadlers’ lawyers presented evidence that Advance Bionics executives delayed disclosing the defect so they could sell more devices and get more money when the company was sold. They “chose to ignore risks and focus on profits, ” the attorneys said in a brief.



About 4,000 of the devices have been implanted worldwide, and about 1,000 have failed, according to lead plaintiff’s counsel Tim Edwards, who estimated that dozens of patients in the Louisville area are “walking around with the devices in their head that have failed or will fail.” ...READ MORE: http://www.courier-journal.com/article/20130418/NEWS10/304180041/Louisville-jury-awards-girl-7-2-million-hearing-aid-gave-her-shocks

Advanced Bionics HiResolution Bionic Ear System.

USATODAY LOUISVILLE, KY - A federal jury has awarded $7.25 million in damages to an 11-year-old girl who suffered severe electric shocks from a defective cochlear-ear implant that has been inserted in 4,000 people most of Deaf children.



Born Deaf, Breanna Sadler of Vine Grove, Ky., had a cochlear ear device implanted in her head in 2006, when she was 4 years old. Four years later, an electrical short shocked her so violently that she was thrown to the ground, vomiting and convulsing.



After she was shocked two more times, the device had to be removed from her skull and replaced with a competitor’s model in an open-head surgery that took more than seven hours.



Her parents sued the manufacturer, Advance Bionics of Valencia, Calif., and on Tuesday a U.S. District Court jury here awarded Breanna, now 11, and her parents the money.



In the first of about 40 lawsuits filed nationally to go to trial, the jury said the company should pay $6.25 million in punitive damages alone for recklessly disregarding patient safety by continuing to sell the device after company officials knew it was leaking and defective.



The Sadlers’ lawyers presented evidence that Advance Bionics executives delayed disclosing the defect so they could sell more devices and get more money when the company was sold. They ” chose to ignore risks and focus on profits,” the lawyers said in a brief.



About 4,000 of the devices have been implanted worldwide, and about 1,000 have failed, according to lead plaintiff’s counsel Tim Edwards of Memphis. ...READ MORE: http://m.usatoday.com/article/news/2094397



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New Hampshire Hospital Settles With Deaf Woman

VIDEO: New Hampshire hospital settles with Deaf woman. Monadnock Community Hospital of Peterborough has agreed to a settlement over allegations that it failed to provide appropriate aid and services under the American Disabilities Act.



PETERBOROUGH - The U.S. Department of Justice announced today that Monadnock Community Hospital has agreed to a $5,000 settlement with a Deaf woman who received medical care at the hospital in 2010, according to a statement from justice department officials.



The woman, Amy Dauphinais, communicates primarily through sign language, and alleges hospital officials failed to provide her with auxiliary aids during her stay there, which resulted in her being unable to communicate with hospital personnel, and instead relied on her minor daughter to interpret for her, according to the statement.

Monadnock Community Hospital.

Although the hospital agreed to pay Dauphinais $5,000, it did so without admitting liability in the incident, justice department officials said.



In a statement, hospital officials said there was "a strong difference of opinion on the facts of the patient visit that was the basis of the claim," and that "there was never any question of any adverse effect on the quality of care provided to any patient and MCH cooperated throughout the case. ...READ MORE: http://www.sentinelsource.com/news/local/local-hospital-settles-with-deaf-woman/article_96c3aaa8-af8f-5ddc-91eb-15a86a64508c.html

Deaf Girl Dies of Bacterial by Cochlear Implant

Deaf News: An Omaha girl died of bacterial meningitis over the weekend after deteriorating very quickly.



OMAHA, NEB - Katie Engle, 7, was a second-grader at Washington Elementary School. Her mother, Roxanne, said her daughter came home school on Friday not feeling well. She was dead the next day.



The first symptom a headache showed up a few days earlier. Katie was admitted to a hospital on Friday. Engle said her daughter didn't have the other symptoms associated with bacterial meningitis, which include vomiting, fever and lethargy, until she got to the hospital.



Doctors said bacterial meningitis is not contagious. They believe it may have been caused by Katie's cochlear implant. They said it could have been prevented with a vaccination... Read more: Girl Dies of Bacterial Meningitis -www.ketv.com



Cochlear Implants Are A Form Of Child Abuse



On the surface, cochlear implants sound like a promising medical solution to the problems surrounding hearing loss or total deafness. A cochlear implant uses existing nerves and electronic signals to override damaged auditory nerves, thus restoring a sense of hearing to the recipient. However, this technology has also caused serious divisions within the Deaf community concerning the hearing society's position on deafness in general. A number of members of the Deaf community choose to view their Deaf status as a subculture of society, in the same sense as a Hispanic person would embrace his or her Hispanic culture.



Deafness is not a handicap per se, but a shared experience which gives the Deaf community its unique cultural identity. To members of this Deaf subculture, cochlear implants are considered disrespectful and insulting, since the medical community views deafness as a handicap which must be treated or corrected: http://www.cochlearwar.com/myths_and_facts.html.



Certain factions of the Deaf community also believe a Deaf person's ability to live a full and meaningful life is not compromised by his or her deafness, so the suggestion that cochlear implants provide advantages over a Deaf lifestyle is shortsighted and insensitive.



Many Deaf people cope very well with their deafness, learning sign language and lip reading and adapting their work and home environments to accommodate their loss of hearing. Perhaps the cochlear implant is only for the MONEY as the dirty business? Cochlear Business Is Dirty Business! with captions.



Another controversy surrounding cochlear implants and the Deaf community is the safety and effectiveness of the procedure. Cochlear implantation involves major surgery in an area of the body filled with delicate nerves which control facial movements. One mistake during surgery could cause long-term facial paralysis, also and it is might be a risk to cochlear implant users where the thunderstorms approaching, Cochlear Implant User Struck By Lightning.



Cochlear implants can also destroy any remaining healthy auditory nerves, which means a Deaf person could lose all remnants of natural hearing which may have helped them adjust to a Deaf lifestyle. Cochlear implants require the recipient to undergo significant fine-tuning sessions, and success can vary widely from recipient to recipient. The controversy over cochlear implants often pits hearing parents against Deaf parents when it comes to raising their Deaf children in a hearing world. Many Deaf parents would prefer to raise their Deaf child in a Deaf culture, including the use of sign language and lip reading. Hearing parents who are not familiar with the Deaf community may opt for the cochlear implant surgery to correct their Deaf child's perceived handicap, Cochlear Implant Cruelty.



The result may be a Deaf child who can partially hear, or a hearing child with a Deaf cultural heritage. Either way, the child may face social ostracism from both communities if the parents do not consider the long-term effects of cochlear implant surgery. Not all members of Deaf community view cochlear implants as an unnecessary procedure, but hearing parents facing a difficult decision concerning a Deaf child may want to research both sides of the controversy before committing to cochlear implant surgery. Hearing impairment: http://en.wikipedia.org/wiki/Hearing_impairment



What Is the Leading Cause of Child Abandonment?



History of Abandonment/Abuse - History tends to repeat itself and this is especially true of abuse and neglect patterns. Parents who experienced abuse, neglect or abandonment at the hands of someone when they were a child are more likely to repeat the pattern and abuse, neglect or abandon their own children. UNICEF estimates that 13 million children worldwide have been abandoned by both parents for various reasons, abuse and neglect among them. Watch the video in behavioral problems for not learning in sign language and oppression: Alone In A Hearing World.



Handicap/Illness of Child - A child born with a handicap, birth defect or chronic illness has a higher chance of being abandoned by their parents. Since infants and children are needy to begin with, parents living with a child with a chronic condition may not be able to cope with the increased demands of their child. Like parents who live in poverty, these parents believe their child will be better off without them and abandon these child to the foster care system or to live with other relatives.



Behavioral Problems - All children experience behavior problems as they grow and learn about the world around them. For some parents, their child's misbehavior is a source of extreme stress they are unable to handle. Other parents have children with extreme, even criminal, behavior that they are unable or unwilling to control. These children are at an increased risk of being removed from their parent's care or having their parents find alternative placement situations for them: Alone In A Hearing World.



STOP to abusive the childrens from the quacks from the profits!



Cochlear Implants Failure... Lawsuits...Call Lawyer... Cochlear Implant Lawyer for Advanced Bionics and Clarion Devices. Get a free lawsuit review for Advanced Bionics cochlear implants and earlier Clarion models by completing the form on this page. A Deaf attorney is available to review your information and can discuss it by videophone (VP). The lawyers of Weitz and, Luxenberg P.C. have expanded litigation against Advanced Bionics related to defective Advanced bionics cochlear implants implanted in young children and adults. http://www.cochlear-implant-lawyer.com