Migliaccio & Rathod LLP is investigating whether race-based eGFR kidney function calculations were used in hospitals and transplant centers to improperly delay kidney transplant eligibility for Black patients.
For many years, many healthcare providers used an estimated glomerular filtration rate (“eGFR”) formula that automatically increased kidney function estimates for patients identified as Black. Because higher eGFR values made kidney function appear better than it actually was, some Black patients may have been referred to transplant specialists later, placed on kidney transplant waiting lists later, or experienced delays in receiving life-saving treatment.
National transplant policies now require transplant centers to identify affected patients and restore lost waiting time where appropriate.
What Patients Report
Patients report:
- Learning that race-based kidney function calculations delayed transplant eligibility.
- Being referred to transplant specialists later than expected.
- Receiving delayed placement on transplant waiting lists.
- Never being notified that waiting time should be recalculated.
- Remaining uncertain whether corrected wait time was restored.
- Progression of kidney disease while awaiting transplantation.
Why Patients Should Be Concerned
Kidney transplant waiting time is one of the most important factors affecting when a patient receives a donor organ. Even months of lost waiting time may significantly delay transplantation.
Race-based eGFR equations have largely been replaced with race-neutral formulas because medical organizations concluded that race is a social construct rather than a biological characteristic that should determine kidney function estimates. This investigation seeks to determine whether hospitals properly corrected transplant waiting times and notified affected patients.
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 diagnosed with chronic kidney disease.
- Your kidney disease was evaluated before January 2023.
- You were told your kidney function was not low enough for transplant listing.
- Your transplant evaluation occurred later than expected.
- You have not received notice that your waiting time was reviewed.
- You believe race-based 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.