Migliaccio & Rathod LLP is investigating whether CommonSpirit Health transplant centers properly identified and corrected transplant waiting times for Black patients affected by race-based kidney function calculations.
For many years, kidney transplant programs across the country used an estimated glomerular filtration rate (“eGFR”) formula that included a race coefficient for Black patients. Because the formula increased estimated kidney function for many Black patients, it could delay referrals for transplant evaluation and postpone placement on kidney transplant waiting lists. National transplant policy now requires transplant centers to identify eligible patients and restore lost waiting time where appropriate.
What Patients Report
Patients report:
- Learning that race-based kidney function formulas delayed transplant eligibility.
- Being placed on transplant waiting lists later than expected.
- Never receiving notice that waiting time would be reviewed.
- Remaining uncertain whether corrected waiting time was applied.
- Waiting longer for transplant opportunities.
- Experiencing worsening kidney disease while awaiting transplantation.
Why Patients Should Be Concerned
Time spent on the kidney transplant waiting list can directly affect when a patient receives a donor kidney. If race-based eGFR calculations delayed eligibility for listing, patients may have lost valuable waiting time that should now be restored under national transplant policies.
This investigation seeks to determine whether CommonSpirit Health transplant programs timely identified eligible patients, accurately recalculated transplant waiting time, and provided appropriate notice to 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 a CommonSpirit Health facility.
- 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 confirmation that your waiting time was recalculated.
- 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.