Migliaccio & Rathod LLP is investigating whether UAB Medicine properly identified and corrected kidney transplant waiting times for Black patients whose transplant eligibility may have been delayed by race-based kidney function calculations.
For many years, transplant centers used an estimated glomerular filtration rate (“eGFR”) formula that increased estimated kidney function for Black patients by applying a race coefficient. Because higher eGFR values could delay referral for transplant evaluation and placement on the transplant waiting list, many Black patients may have lost valuable waiting time before becoming eligible for transplantation. National transplant policies now require transplant centers to review affected patients and restore lost waiting time where appropriate.
What Patients Report
Patients report:
- Learning that race-based kidney function formulas delayed transplant eligibility.
- Being referred for transplant evaluation later than expected.
- Never receiving notice that transplant waiting time would be recalculated.
- Remaining uncertain whether corrected waiting time was applied.
- Continuing to wait for a transplant despite national policy changes.
- Experiencing worsening kidney disease while awaiting transplantation.
Why Patients Should Be Concerned
Time spent on the kidney transplant waiting list can significantly affect when a patient receives a donor organ. If race-based eGFR calculations delayed placement on the waiting list, patients may have lost valuable transplant priority that federal policy now requires transplant centers to restore whenever appropriate.
This investigation seeks to determine whether UAB Medicine timely identified eligible patients, accurately recalculated transplant waiting time, and adequately notified affected individuals of any corrections.
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 UAB Medicine.
- 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.