Migliaccio & Rathod LLP is investigating whether Methodist Le Bonheur Healthcare properly restored kidney transplant waiting time for Black patients whose transplant eligibility may have been delayed by race-based kidney function calculations.
For years, many transplant programs relied upon an estimated glomerular filtration rate (“eGFR”) formula that increased estimated kidney function for Black patients through a race coefficient. Because higher eGFR values could delay referral for transplant evaluation and placement on the transplant waiting list, some Black patients may have lost valuable waiting time before becoming eligible for transplantation. National transplant policy now requires transplant centers to identify affected patients and restore lost waiting time where appropriate.
What Patients Report
Patients report:
- Delayed referral for kidney transplant evaluation.
- Later-than-expected placement on the transplant waiting list.
- Never being notified that waiting time might be recalculated.
- Remaining uncertain whether corrected waiting time was applied.
- Continuing to wait for a kidney transplant despite policy changes.
- Worsening kidney disease while awaiting transplantation.
Why Patients Should Be Concerned
Waiting-list priority plays a critical role in determining when a patient receives a donor kidney. If race-based kidney function calculations delayed transplant eligibility, affected patients may have lost valuable waiting time that should now be restored under current transplant policies.
This investigation seeks to determine whether Methodist Le Bonheur Healthcare timely identified eligible patients, accurately recalculated transplant waiting time, and properly notified affected individuals.
Potential Claims May Include
- Healthcare Discrimination
- Violation of Section 1557 of the Affordable Care Act
- Violation of Title VI of the Civil Rights Act
- Consumer Protection
- Negligence
- Declaratory and Injunctive Relief
Signs You May Be Affected
You may be affected if:
- You are a Black patient evaluated for a kidney transplant at Methodist Le Bonheur Healthcare.
- Your kidney disease was evaluated before January 2023.
- You were told your kidney function was not yet low enough for transplant listing.
- You were placed on the transplant waiting list later than expected.
- You have not received notice that your waiting time was reviewed or corrected.
- You believe race-based kidney function calculations delayed your transplant care.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.