United States of America v. Camp Bravo - Settlement Agreement

UNITED STATES' FINDINGS

10. As a result of its investigation, the United States has determined that:

a. The Complainant’s daughter (the “Camper”) has epilepsy, a seizure disorder.  In February 2011, the Camper was prescribed Diastat, a rectal gel formulation of diazepam,¹ for use in an emergency situation where the Camper has prolonged or acute repetitive seizures.  Diastat is an FDA-approved, emergency medication for the treatment of serial or cluster seizures, sometimes referred to as acute repetitive seizures or grand mal seizures.  It is a premeasured gel designed to be administered by a trained layperson.² 

b. The Complainant sought to enroll her then seven-year-old daughter in Camp Bravo in 2011, and again in 2012.  The Complainant requested that Camp Bravo administer Diastat to the Camper if she experienced a seizure emergency while at Camp Bravo.

c. Camp Bravo requires campers to self-administer medications and has designated staff who are certified in cardiopulmonary resuscitation (CPR) and First Aid to supervise this.  However, Camp Bravo staff are trained to administer Epi-pens, a pre-measured emergency medication for severe allergic reactions. 

d. The Chief Medical Officer at nearby University of Maryland, St. Joseph Medical Center is Camp Bravo's designated health supervisor, in accordance with Maryland state law. 

e. Camp Bravo did not have a nurse on staff in 2011.  Camp Bravo ultimately hired a nurse for summer 2012; however, the nurse was not available for field trips or bus rides. 

f. It is Camp Bravo's position that it will not train unlicensed staff members to administer Diastat to campers.

g. As a result, the Camper was not able to attend Camp Bravo in 2011 or in 2012.

¹ For purposes of this Agreement, we will refer to the rectal gel formulation of diazepam as “Diastat.” 

² Diastat is administered rectally by using a pre-filled plastic syringe with a plastic tip, which a pharmacist or a doctor fills and then locks, guaranteeing the correct dosage is administered.  If Diastat is administered within the first 15 minutes after a seizure begins, it will stop the seizure 80 percent of the time.  The most common side effect is sleepiness.

11. The United States has determined that Camp Bravo discriminated against the Camper by denying her, on the basis of disability, the opportunity to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of Camp Bravo, in violation of 42 U.S.C. § 12182 and 28 C.F.R. § 36.201.  Specifically, Camp Bravo discriminated against the Camper by failing to make reasonable modifications in its policies, practices, or procedures for the administration of medications when necessary to afford the Camper an opportunity to participate in and benefit from its goods, services, facilities, privileges, advantages, and accommodations.  42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R. § 36.302. 

12. Camp Bravo disputes the United States' determination that it violated any aspect of the ADA.  Camp Bravo denies all allegations of liability asserted in this matter, and maintains that it fully complied with the ADA.

13. Camp Bravo and the United States understand and agree that this Settlement Agreement is a compromise settlement of disputed claims, and that the making of this Settlement Agreement shall not be deemed or construed to be an admission by Camp Bravo of any liability or fault of any kind, which fault or liability is expressly denied.

14. The parties agree that it is in their best interests, and the United States believes that it is in the public interest, to resolve this dispute without engaging in protracted litigation.  The parties have therefore voluntarily entered into this Agreement, agreeing as follows: