$1,000,000 payout for Sleep Apnea Lawsuit

General Discussion on any topic relating to CPAP and/or Sleep Apnea.
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Mozart22
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$1,000,000 payout for Sleep Apnea Lawsuit

Post by Mozart22 » Tue Oct 21, 2014 5:26 pm

Law360, New York (October 15, 2014, 7:24 PM ET) -- A federal court on Wednesday ordered the city of McPherson, Kansas, to pay close to $1 million to a former police officer who suffered from sleep apnea after a jury found that the city fired him, in violation of the Americans with Disabilities Act.

A Kansas federal court, entering a judgment in favor of Matthew B. Michaels, a former McPherson police officer who alleged that he was discriminated against based on a disability, ordered the city to pay a little more than $920,000 in damages.

Links to the article:

http://employmentdiscrimination.foxroth ... n-by-jury/


http://www.law360.com/employment/articl ... employment


The point is that while most people may not be as lucky, there are a few cases where some sleep apnea suffers
can get either disability payments, or in this case a million dollars due to not being able to work properly because
of sleep apnea. Obviously most people would not get this, but he now has a million bucks because his apnea contributed
to him being fired for sleeping on the job in violation of the Americans with Disabilities Act.

Kennerly
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Re: $1,000,000 payout for Sleep Apnea Lawsuit

Post by Kennerly » Tue Oct 21, 2014 6:12 pm

Mozart wrote:
...former police officer who suffered from sleep apnea after a jury found that the city fired him, in violation of the Americans with Disabilities Act.'

Lawsuit aside, I find it encouraging that apnea is covered by the ADA. Wasn't aware of that

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chunkyfrog
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Re: $1,000,000 payout for Sleep Apnea Lawsuit

Post by chunkyfrog » Tue Oct 21, 2014 6:50 pm

It makes sense; debilitating, often difficult/sometimes impossible to alleviate effectively.
Certainly fits the description of a disability. ---about froggin' time!

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Mozart22
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Re: $1,000,000 payout for Sleep Apnea Lawsuit

Post by Mozart22 » Tue Oct 21, 2014 7:22 pm

chunkyfrog wrote:It makes sense; debilitating, often difficult/sometimes impossible to alleviate effectively.
Certainly fits the description of a disability. ---about froggin' time!

I agree. It can be very debilitating. Some people say that as long as you are informed and use CPAP correctly and consistently, its not an issue. But this is not true. There are many people who still feel exhausted despite using CPAP
and looking at Sleepyhead to monitor their therapy. For some people the deep exhaustion remains no matter what.

But like I said, I do not think most Americans would win similar lawsuits. These million dollar payouts tend to be the exception not the rule. It is also very hard and unlikely to qualify for disability payments simply for having sleep apnea.
I don't think that is fair. I honestly think sleep apnea can be a disability if the patient has made an honest, consistent
and informed effort with Cpap and dental devices but remains exhausted nonetheless. Chronic exhaustion is a disability because exhaustion impairs you from working and living normally.

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Wulfman...
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Re: $1,000,000 payout for Sleep Apnea Lawsuit

Post by Wulfman... » Tue Oct 21, 2014 7:29 pm

A link in the local newspaper:

http://www.mcphersonsentinel.com/articl ... /141019413

Apparently this situation happened two years ago and the chances of further legal wrangling are pretty much a done deal. The city is going to appeal it, it appears. Being "awarded" the money and "collecting" it aren't necessarily the same thing.
But, having seen other similar situations firsthand, if they want to get rid of you they'll find ways of doing so. Maybe this one was pretty blatant and somebody screwed up, but don't count on the ADA and the "disability" factor to save your butt if you KNOW you have OSA and don't take your therapy seriously.


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49er
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Re: $1,000,000 payout for Sleep Apnea Lawsuit

Post by 49er » Wed Oct 22, 2014 2:03 am

Den,

As an aside, many people have been completely compliant with pap therapy for months and still have problems.

With the ADA, the issue is the employer cannot fire you if you can meet the essential duties of the job with an accommodation. And if I remember correctly, sleep apnea is a disability if there are lingering unresolved issues like neurological deficits. In the policeman's case, the details seemed to be scant so I want to reserve judgment about what occurred. However, here is a possible scenario.

In spite of completely complying with pap therapy, he was still quite sleepy and needed to take naps while on the job. Well, even though I am sure cops do it unofficially, needing to take a nap is not meeting the essential duties of the job for obvious reasons and would make him unsuitable for the job. The police department could offer him a desk job in which his apnea might not be as much of an issue but as far as I know, they aren't obligated to do so under the law.

You're right, employers many times will find ways to get rid of you if they want to no matter what the law is. On one of my invisible disability lists, the sentiment was that disclosing was usually never beneficial and that if accommodations were needed, always phrase the request in terms of how it would help you be a better employee or in as positive terms as possible. Of course, if you have a visible disability, that is a whole different ballgame.

Wulfman... wrote:A link in the local newspaper:

http://www.mcphersonsentinel.com/articl ... /141019413

Apparently this situation happened two years ago and the chances of further legal wrangling are pretty much a done deal. The city is going to appeal it, it appears. Being "awarded" the money and "collecting" it aren't necessarily the same thing.
But, having seen other similar situations firsthand, if they want to get rid of you they'll find ways of doing so. Maybe this one was pretty blatant and somebody screwed up, but don't count on the ADA and the "disability" factor to save your butt if you KNOW you have OSA and don't take your therapy seriously.


Den

.

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Goofproof
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Re: $1,000,000 payout for Sleep Apnea Lawsuit

Post by Goofproof » Wed Oct 22, 2014 2:13 am

Living in the U.S.A., has made me lazy and disabled, Bo Ho, where's my check.
This country is screwed, come on end of days, maybe Obummers plan to kill off the u. S. Is his best plan. Jim
Use data to optimize your xPAP treatment!

"The art of medicine consists in amusing the patient while nature cures the disease." Voltaire

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49er
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Re: $1,000,000 payout for Sleep Apnea Lawsuit

Post by 49er » Wed Oct 22, 2014 2:29 am

Goofproof wrote:Living in the U.S.A., has made me lazy and disabled, Bo Ho, where's my check.
This country is screwed, come on end of days, maybe Obummers plan to kill off the u. S. Is his best plan. Jim
Uh Jim, the ADA was passed under George H. Bush's administration.

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Goofproof
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Re: $1,000,000 payout for Sleep Apnea Lawsuit

Post by Goofproof » Wed Oct 22, 2014 2:42 am

Bush was a fool, but he wasn't a traitor, with a addenda of crashing the monetary system, FEMA and Homeland Insecurity, death camps and bring Ebola to thin the population. Martial Law folks, no escape, for us old and infirm, just plastic coffin liners.

Hitlers concentration camps are already built and waiting. Just put your head in the sand, and wait, it won't be long now. Jim
Use data to optimize your xPAP treatment!

"The art of medicine consists in amusing the patient while nature cures the disease." Voltaire

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Mozart22
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Re: $1,000,000 payout for Sleep Apnea Lawsuit

Post by Mozart22 » Wed Oct 22, 2014 3:30 am

Goofproof wrote:Bush was a fool, but he wasn't a traitor, with a addenda of crashing the monetary system, FEMA and Homeland Insecurity, death camps and bring Ebola to thin the population. Martial Law folks, no escape, for us old and infirm, just plastic coffin liners.

Hitlers concentration camps are already built and waiting. Just put your head in the sand, and wait, it won't be long now. Jim

Please stick to the topic. Take your concentration camp / martial law paranoia elsewhere.

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Mozart22
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Re: $1,000,000 payout for Sleep Apnea Lawsuit

Post by Mozart22 » Wed Oct 22, 2014 3:33 am

49er wrote:
Goofproof wrote:Living in the U.S.A., has made me lazy and disabled, Bo Ho, where's my check.
This country is screwed, come on end of days, maybe Obummers plan to kill off the u. S. Is his best plan. Jim
Uh Jim, the ADA was passed under George H. Bush's administration.


49er, I suspect Jim is a troll but some people really believe this garbage. "Death camps ready and waiting, etc"
I guess for some people sleep apnea has cause irreversible brain damage.

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49er
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Re: $1,000,000 payout for Sleep Apnea Lawsuit

Post by 49er » Wed Oct 22, 2014 3:57 am

Mozart22 wrote:
49er wrote:
Goofproof wrote:Living in the U.S.A., has made me lazy and disabled, Bo Ho, where's my check.
This country is screwed, come on end of days, maybe Obummers plan to kill off the u. S. Is his best plan. Jim
Uh Jim, the ADA was passed under George H. Bush's administration.


49er, I suspect Jim is a troll but some people really believe this garbage. "Death camps ready and waiting, etc"
I guess for some people sleep apnea has cause irreversible brain damage.
Mozart,

True Mozart about those folks. However, it is important to stress that for many people, pap therapy is life transforming and reverses brain damage. I think someone posted a link on this site about that if I recall.

Anyway, getting back to the topic. Again, the issue is was that policeman capable of performing the essential duties of his job with a reasonable accommodation that wouldn't interfere with the operation of the department? I am guessing no because I don't see any reasonable accommodations that exist for someone with sleep apnea who is trying to do police work who has lingering effects even if he is totally compliant with pap therapy which again we don't know to be the case or not. This could be a case where he needed to switch careers. But there might be something I am not considering.

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Mozart22
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Re: $1,000,000 payout for Sleep Apnea Lawsuit

Post by Mozart22 » Wed Oct 22, 2014 4:07 am

49er wrote:
Mozart22 wrote:
49er wrote:
Goofproof wrote:Living in the U.S.A., has made me lazy and disabled, Bo Ho, where's my check.
This country is screwed, come on end of days, maybe Obummers plan to kill off the u. S. Is his best plan. Jim
Uh Jim, the ADA was passed under George H. Bush's administration.


49er, I suspect Jim is a troll but some people really believe this garbage. "Death camps ready and waiting, etc"
I guess for some people sleep apnea has cause irreversible brain damage.
Mozart,

True Mozart about those folks. However, it is important to stress that for many people, pap therapy is life transforming and reverses brain damage. I think someone posted a link on this site about that if I recall.

Anyway, getting back to the topic. Again, the issue is was that policeman capable of performing the essential duties of his job with a reasonable accommodation that wouldn't interfere with the operation of the department? I am guessing no because I don't see any reasonable accommodations that exist for someone with sleep apnea who is trying to do police work who has lingering effects even if he is totally compliant with pap therapy which again we don't know to be the case or not. This could be a case where he needed to switch careers. But there might be something I am not considering.


He got lucky. I sure could use a million dollars!! But either way I think sleep apnea should qualify as a disability IF compliant cpap use fails to resolve the issues. It has nothing to do with lazyness or selfishness. A lot of people feel exhausted and impaired and its not for a lack of trying to find a solution. At least this lawsuit shows some people are able to win such arguments.

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49er
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Re: $1,000,000 payout for Sleep Apnea Lawsuit

Post by 49er » Wed Oct 22, 2014 4:24 am

Here is some helpful information:

http://askjan.org/media/sleep.html
Sleep Disorders and the Americans with Disabilities Act>
Are sleep disorders disabilities under the ADA?

The ADA does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet (EEOC Regulations . . ., 2011). Therefore, some people with sleep disorders will have a disability under the ADA and some will not.

A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having an impairment (EEOC Regulations . . . , 2011). For more information about how to determine whether a person has a disability under the ADA, visit http://AskJAN.org/corner/vol05iss04.htm.
49er

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Sheriff Buford
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Re: $1,000,000 payout for Sleep Apnea Lawsuit

Post by Sheriff Buford » Wed Oct 22, 2014 8:00 am

Mozart22 wrote:Please stick to the topic. Take your concentration camp / martial law paranoia elsewhere.
Be nice... you don't own the thread unless your last name is Goodman...

I have always thought of sleep apnea as a disease not a handicap.

Sheriff