USC factors in race for kidney transplant eligibility and class action lawsuits

Overview of the USC kidney transplant class action lawsuit:

• WHO: Plaintiff Gregory Rowe has filed a class action lawsuit against United Network for Organ Sharing and the University of Southern California.
• Why: Rowe alleges that USC uses a race-based coefficient to determine whether a patient is eligible to accumulate time on the national waiting list for a kidney transplant.
• Where: The class action lawsuit was filed in federal court in California.

The University of Southern California uses “junk science” that relies on racist stereotypes when deciding whether a patient is eligible for the national kidney transplant waiting list, a new class action lawsuit says.

Plaintiff Gregory Rowe claims that many black patients are exempt from the waiting period because they are considered to have a higher estimated glomerular filtration rate (eGFR). This is based on the “false assumption” that they have “greater muscle mass and therefore naturally have more creatinine in their bodies.”

“This is, of course, junk science, supported only by racist stereotypes rather than valid scientific studies,” says the USC kidney transplant class action lawsuit.

Rowe seeks to represent a group of individuals who identified as Black while receiving medical treatment at USC and whose accumulation on the national kidney transplant waiting list was delayed or prevented due to the application of the race-based coefficient.

USC added black patients to the national kidney disease waiting list whose eGFR score took into account a race-based coefficient

Rowe argues that USC placed at least 500 black patients on the national kidney waiting list whose eGFR was calculated using the race-based coefficient.

In addition, Rowe claims that the United Network for Organ Sharing – also a defendant in the lawsuit – recently announced that it would ban the use of race-based coefficients in calculating eGFR values.

“Because of the race-based coefficient, many black patients never experienced wait times based on a qualifying eGFR score, but were instead held up until they were forced to begin dialysis,” the USC kidney transplant class action lawsuit states.

Rowe claims that USC is guilty of breach of its fiduciary duty and of violating Title VI of the Civil Rights Act of 1964and California Unruh Civil Rights Act And Unfair competition.

Plaintiff requests a jury trial and seeks an injunction and an award of statutory, treble and punitive damages for himself and all class members.

In other recent USC news, the university agreed to a class action lawsuit earlier this year to Expectations It terminated the doctoral students’ memberships in the alumni associations.

Have you ever had the race-based coefficient applied to your eGFR score? Let us know in the comments.

The plaintiff is represented by Matthew L. Venezia, George BA Laiola and Andrew R. Iglesias of Ellis George LLP.

The Class action lawsuit over kidney transplant at USC Is Rowe et al. v. United Network for Organ Sharing et al.Case No. 2:24-cv-05022, in the U.S. District Court for the Central District of California.

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