Migliaccio & Rathod LLP is investigating whether Trinity Health hospitals and affiliated pulmonary clinics continued using race-based reference values when interpreting pulmonary function tests, potentially affecting diagnoses, treatment decisions, disability evaluations, and occupational health determinations.
Spirometry measures how well a person’s lungs function. For decades, many pulmonary testing systems adjusted expected lung capacity based on a patient’s race. Leading respiratory organizations have since recommended race-neutral reference equations after concluding that race is a social construct rather than a biological characteristic capable of accurately predicting lung function.
What Patients Report
Patients report:
- Being told their lung function was “normal” despite persistent breathing difficulties.
- Receiving delayed diagnoses of asthma, COPD, or other respiratory illnesses.
- Being denied referrals to pulmonary specialists.
- Receiving disability or workers’ compensation decisions based on spirometry results.
- Learning later that race-specific reference values may have been used.
- Difficulty obtaining repeat testing using race-neutral standards.
Why Patients Should Be Concerned
Pulmonary function testing plays an important role in diagnosing lung disease, determining eligibility for disability benefits, evaluating occupational exposures, and guiding treatment decisions. If race-specific reference values understated the severity of lung impairment, some patients may have experienced delayed diagnoses, reduced treatment, or unfavorable employment and disability outcomes.
This investigation seeks to determine whether Trinity Health facilities continued using race-based spirometry reference values after race-neutral standards became widely recommended and whether affected patients received appropriate follow-up care.
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 at a Trinity Health facility.
- You are Black, Hispanic, Asian, or another racial minority.
- You were told your lung function was normal despite persistent symptoms.
- Your spirometry results affected employment or disability benefits.
- You were denied additional pulmonary evaluation or treatment.
- You believe race affected how your lung function was interpreted.
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.