Migliaccio & Rathod LLP is investigating whether HCA Healthcare transplant programs failed to timely recalculate kidney transplant wait times for Black patients after race-based kidney function formulas were abandoned.
For many years, hospitals across the country used a kidney function calculation known as eGFR that included a race coefficient for Black patients. Because the formula artificially increased estimated kidney function for many Black patients, it could delay referrals to kidney specialists, postpone placement on transplant waiting lists, and ultimately increase the amount of time patients waited for a life-saving kidney transplant. National transplant policy now requires 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 their transplant evaluation.
- Receiving delayed placement on the kidney transplant waiting list.
- Never being notified that their transplant wait time might need to be recalculated.
- Receiving little or no information regarding whether corrected waiting time was applied.
- Remaining on transplant waiting lists longer than similarly situated patients.
- Experiencing worsening kidney disease while awaiting transplantation.
Why Patients Should Be Concerned
A patient’s position on the kidney transplant waiting list can significantly affect how quickly a donor kidney becomes available. If race-based eGFR calculations delayed a patient’s eligibility for transplant listing, the patient may have lost valuable waiting time that could affect transplant opportunities.
Federal policy now requires transplant centers to review prior transplant candidates and restore lost waiting time when race-based calculations delayed eligibility. This investigation seeks to determine whether HCA Healthcare timely identified eligible patients, properly recalculated waiting time, and adequately 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 an HCA Healthcare hospital.
- Your kidney disease was evaluated before January 2023.
- You were told your kidney function was not yet low enough for transplant listing.
- You were added to the transplant waiting list later than expected.
- You have not received notice that your transplant waiting time was reviewed or corrected.
- 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.