How a New York plastic surgeon got a digital accessibility lawsuit dismissed
Key takeaways
When Dr. David Hidalgo faced an ADA lawsuit alleging that his website was inaccessible, accessiBe’s Litigation Support helped his team document its existing accessibility efforts and respond with expert guidance.
The lawsuit was dismissed
The court found that the accessibility measures in place were sufficient to address concerns about the alleged issues recurring.
Existing accessibility efforts mattered
accessWidget and the site’s ongoing accessibility measures were explicitly recognized by the Eastern District Court of New York.
Documentation supported the response
accessiBe quickly supplied reports and evidence demonstrating the website’s ongoing accessibility efforts.
Expert support throughout the case
A dedicated case manager, ADA attorney consultation, expert claim analysis, and multi-tool testing supported the response.
“accessiBe quickly provided the necessary documents and reports that showcased our accessibility efforts.”
David Hidalgo
MD FACS
accessiBe products used
accessWidget
accessWidget supported Dr. Hidalgo’s ongoing website accessibility efforts, with built-in documentation helping demonstrate continued monitoring and maintenance.
Litigation support
accessiBe’s Litigation Support provided dedicated case management, specialized legal guidance, accessibility documentation, claim analysis, and multi-verification testing.
Meet the client
Dr. David Hidalgo is a plastic surgeon based in New York.
When a plaintiff filed an ADA lawsuit alleging that his website was inaccessible to people with disabilities, Dr. Hidalgo and his team faced both legal and reputational risk — despite already taking steps to improve and maintain the website’s accessibility.
Dr. Hidalgo’s team was already working to maintain the accessibility of its website when it received an ADA lawsuit.
Now, the team needed to demonstrate those efforts clearly, address the allegations in the complaint, and navigate a legal process that required both accessibility expertise and specialized legal guidance.
Dr. Hidalgo used accessiBe’s Litigation Support alongside the documentation generated through accessWidget to demonstrate the accessibility measures already in place.
A case manager guided the team throughout the process and coordinated the support required.
The team received consultation from an ADA attorney experienced in website accessibility litigation.
accessiBe provided documentation outlining the website’s accessibility status and the measures taken to improve it.
Accessibility experts reviewed the complaint and website and provided a report addressing the claims.
Multiple testing tools were used to evaluate the site and provide additional evidence of its accessibility status.
The results/outcome
The Eastern District Court of New York recognized the accessibility measures Dr. Hidalgo had put in place, including the website’s use of an accessibility widget.
The judge found those measures sufficient to demonstrate that there was no reasonable expectation that the accessibility issues alleged by the plaintiff would recur.
accessiBe’s Litigation Support also provided the documentation, reports, and expert guidance needed to help Dr. Hidalgo demonstrate his ongoing commitment to accessibility throughout the case.