Migliaccio & Rathod LLP is investigating whether Jackson Health System properly identified and restored kidney transplant waiting time for Black patients whose eligibility may have been delayed by race-based kidney function calculations.
For many years, transplant centers across the United States used an estimated glomerular filtration rate (“eGFR”) formula that included a race coefficient for Black patients. Because the formula artificially increased estimated kidney function for many Black patients, it could delay referral to transplant specialists, postpone placement on the kidney transplant waiting list, and ultimately delay access to a life-saving 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 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 restored.
- 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 directly affects a patient’s opportunity to receive a donor kidney. If race-based eGFR calculations delayed listing, patients may have lost valuable waiting time that federal policy now requires transplant centers to restore whenever appropriate.
This investigation seeks to determine whether Jackson Health System timely identified eligible patients, accurately recalculated transplant waiting time, and adequately notified affected individuals regarding 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 Jackson Health System.
- 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.