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Dian Spencer et al. v. Cleveland Clinic Union Hospital et al. — 6th Cir. (Oct 21, 2026)

No. 26-3116 Argued October 21, 2026 Published October 24, 2026

The Sixth Circuit considers communication access during a hospital stay. In February 2023, Spencer, a deaf patient, was admitted to Union Hospital in Ohio and later transferred to Cleveland Clinic's main campus, where she underwent surgery. Her chart said she needed an American Sign Language interpreter. The hospitals used video remote interpreting, or VRI: a video connection to a sign language interpreter. But some attempts were unsuccessful, and staff also communicated through written notes and phone-based speech-to-text. Spencer says communication failures left her without full access to medical information and left family members filling gaps. She and her two daughters sued. The district judge ruled for the hospitals on the federal claim under the Affordable Care Act, which prohibits disability discrimination in covered health programs. The judge considered the interpreting services and alternative methods together, and relied on Spencer's testimony about understanding her procedure. The appeal concerns communication rights, not an allegation that the surgery was performed incorrectly. The ruling was summary judgment, a decision without trial when no genuine dispute over an outcome-relevant fact remains and the law entitles one side to win. Here, the question is whether the record allowed that decision or required a trial. A judge cannot simply choose between competing versions of a genuinely disputed material fact. The family will argue that important medical conversations were not effectively accessible, regardless of the eventual medical outcome. The hospitals will point to completed interpreting calls and testimony that Spencer understood her care. The judges will also press counsel on the daughters' separate communication claims and whether those claims were addressed. Another question is what showing of intentional discrimination is required for nominal damages: a small award recognizing a proven legal violation rather than compensating a demonstrated loss. Seeking that award does not by itself establish a right to it. Andrew Rozynski will present the family's appeal first.

Dian Spencer et al. v. Cleveland Clinic Union Hospital et al. (No. 26-3116) — U.S. Court of Appeals for the Sixth Circuit, argued October 21, 2026.

Sources
Argument date and case listing — official Sixth Circuit archive:https://www.opn.ca6.uscourts.gov/internet/court_audio/aud1.php
Facts and summary-judgment ruling — district court Doc. 83, February 13, 2026:https://www.govinfo.gov/content/pkg/USCOURTS-ohnd-5_24-cv-00969/pdf/USCOURTS-ohnd-5_24-cv-00969-0.pdf
Case-linked counsel appearances and appellants' filed issues — appellate docket:https://dockets.justia.com/docket/circuit-courts/ca6/26-3116
Summary judgment — Federal Rule 56:https://www.law.cornell.edu/rules/frcp/rule_56
Effective communication and video interpreting — 28 C.F.R. § 36.303:https://www.law.cornell.edu/cfr/text/28/36.303
Health-program nondiscrimination — ACA § 1557, 42 U.S.C. § 18116:https://www.law.cornell.edu/uscode/text/42/18116
Nominal damages and limits — Supreme Court opinion, March 8, 2021:https://www.supremecourt.gov/opinions/20pdf/19-968_8nj9.pdf
Nominal damages as enforceable relief — Farrar v. Hobby:https://www.law.cornell.edu/supremecourt/text/506/103

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