When Mr. Canellada arrived for his pre-scheduled MRI appointment, he was refused service and sent away because he uses a wheelchair for mobility.
Chicago, IL – In early September, Chicago resident Ramon Canellada filed a federal lawsuit against Preferred Open MRI, Ltd., d/b/a Preferred Imaging Centers, challenging its illegal refusal to provide him with healthcare services because of his disability in violation of the ADA and other disability rights laws. Open MRI provides imaging services at seven locations across the Chicagoland area. Mr. Canellada is represented by Access Living and Disability Rights Advocates. Read the complaint.
Open MRI is required by law to provide equal access to medical services to people with disabilities. Yet when Mr. Canellada arrived for his pre-scheduled MRI appointment, he was refused service and sent away because he uses a wheelchair for mobility.
It is well-documented that people with disabilities experience significant disparities in the standard of care received from healthcare providers due to the pervasive existence of access barriers. Said Mr. Canellada: “It is no surprise that people with disabilities complain about access to healthcare when we have to fight tooth and nail just to get seen. We want the same access to healthcare in our community just like everyone else has.”
Charles R. Petrof, Senior Attorney at Access Living, said, “People with disabilities have worse health outcomes than non-disabled people mostly because of access barriers at the very medical providers that should be providing their medical care. That needs to end.”
Rachel M. Weisberg, Supervising Attorney at Disability Rights Advocates, said, “It is unconscionable that people are still denied critical healthcare services because of their disability. DRA is proud to support Ramon’s fight for accessible healthcare.”
Among other relief, the lawsuit seeks an order to ensure that Open MRI complies with the law, develops and implements policies and procedures to serve people who use wheelchairs, trains its employees, and purchases any assistive devices necessary to provide services to wheelchair-users.
In addition to federal disability rights laws, including Title III of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973 and Section 1557 of the Affordable Care Act, the lawsuit alleges violations of the Illinois Civil Rights Remedies Restoration Act. As one of the first lawsuits filed under this law, Mr. Canellada seeks to recover damages that are no longer available under federal anti-discrimination laws as a result of the U.S. Supreme Court’s decision in Cummings v. Premier Rehab Keller, 142 S.Ct. 1562 (2022).
About Access Living. Established in 1980, Access Living is a center of service, advocacy, and social change for people with disabilities led and run by people with disabilities. We envision a world free from barriers and discrimination – where disability is a respected and natural part of the human experience and people with disabilities are included and valued. For more information, visit www.accessliving.org
About Disability Rights Advocates. DRA is the leading national nonprofit disability rights legal center. With offices in Chicago, Berkeley and New York City, DRA’s mission is to advance the rights, inclusion, and equity of people with disabilities nationwide through high-impact litigation, education, and advocacy. DRA represents people with all types of disabilities in complex, system-changing class action cases and has previously litigated cases resulting in systemic improvements to access to healthcare. For more information, visit www.dralegal.org
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