Migliaccio & Rathod LLP is investigating whether Tenet Healthcare hospitals and Conifer Health occupational health programs used race-based reference values when interpreting pulmonary function tests, potentially affecting diagnoses, employment decisions, disability determinations, and treatment recommendations.
Spirometry measures how well a person’s lungs function. Historically, many testing systems adjusted expected lung capacity based upon a patient’s race. Leading medical organizations have since recommended adopting race-neutral reference standards after concluding that race is a social construct rather than a biological measurement capable of accurately predicting lung function.
What Patients and Workers Report
Patients and workers report:
- Being told their lung function was normal despite ongoing breathing problems.
- Receiving inconsistent pulmonary test interpretations.
- Being denied additional pulmonary evaluation or treatment.
- Receiving adverse employment or disability decisions after spirometry testing.
- Learning later that race-specific reference values may have been used.
- Difficulty obtaining repeat testing using updated standards.
Why Patients and Workers Should Be Concerned
Pulmonary function testing plays an important role in diagnosing chronic lung disease, evaluating disability claims, determining workplace fitness, and assessing workers’ compensation benefits. If race-specific reference values understated lung impairment, some individuals may have experienced delayed diagnoses, reduced medical treatment, or unfavorable employment decisions.
This investigation seeks to determine whether Tenet Healthcare and Conifer Health continued using race-based spirometry reference values after race-neutral standards became widely recommended and whether affected individuals 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 Tenet Healthcare facility or Conifer Health clinic.
- You are Black, Hispanic, Asian, or another racial minority.
- Your lung function results affected employment, disability, or workers’ compensation benefits.
- You were told your lung function was normal despite persistent symptoms.
- You were denied additional evaluation or treatment.
- You believe race affected the interpretation of your test results.
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.