Migliaccio & Rathod LLP is investigating whether hospitals, pulmonary clinics, occupational health providers, and medical testing facilities used race-based reference values when interpreting pulmonary function tests.
Spirometry measures how well a person’s lungs function. Historically, many testing systems adjusted expected lung capacity based upon a patient’s race. Medical organizations have increasingly recommended race-neutral reference equations after concluding that race should not be used as a biological adjustment when interpreting pulmonary function.
Race-based spirometry may affect diagnoses, disability determinations, workers’ compensation claims, employment physicals, and treatment decisions.
What Patients Report
Patients report:
- Being told lung function was normal despite breathing difficulties.
- Delayed diagnoses of asthma, COPD, or other lung disease.
- Denial of additional pulmonary testing.
- Employment or disability decisions based upon pulmonary function testing.
- Learning later that race-specific reference values may have been used.
- Difficulty obtaining repeat testing using updated standards.
Why Patients Should Be Concerned
Pulmonary function testing plays a significant role in diagnosing respiratory disease and determining eligibility for medical treatment, disability benefits, and occupational positions. If race-specific reference values understated lung impairment, patients may have experienced delayed diagnoses, reduced treatment, or inaccurate employment and disability decisions.
This investigation seeks to determine whether healthcare providers continued using race-based spirometry standards after race-neutral guidelines became widely accepted.
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
- Medical Negligence
Signs You May Be Affected
You may be affected if:
- You underwent pulmonary function testing.
- You are Black, Hispanic, Asian, or another racial minority.
- You were told your lung function was normal despite symptoms.
- Your test results affected employment or disability benefits.
- You were denied additional evaluation or treatment.
- You believe race affected your spirometry interpretation.
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.