USC factors race into kidney transplant eligibility, class action claims

USC kidney transplant class action lawsuit overview: 

• Who: Plaintiff Gregory Rowe filed a class action lawsuit against United Network for Organ Sharing and the University of Southern California. 
• Why: Rowe claims that USC uses a race-based coefficient when determining whether a patient is eligible to begin accruing time on the national kidney waitlist. 
• Where: The class action lawsuit was filed in California federal court. 

The University of Southern California uses “junk science” supported by racial stereotypes when determining whether a patient is eligible to begin accruing time on the national kidney waitlist, a new class action lawsuit claims. 

Plaintiff Gregory Rowe claims many Black patients never begin to accrue wait time due to being given a higher estimated glomerular filtration rate (eGFR) based on the “flawed premise” they have “greater muscle mass and thus naturally more creatinine in their bodies.” 

“This, of course, is junk science supported only by racial stereotypes, and not any valid scientific studies,” the USC kidney transplant class action says. 

Rowe wants to represent a class of individuals who identified as Black when receiving medical treatment at USC and for whom the accrual of wait time on the national kidney waitlist was delayed or prevented due to the application of the race-based coefficient. 

USC added Black patients to national kidney waitlist whose eGFR score factored in race-based coefficient

Rowe argues USC has added at least 500 Black patients to the national kidney waitlist who had their eGFR score calculated using the race-based coefficient. 

Furthermore, Rowe claims the United Network for Organ Sharing — which is also a defendant in the complaint — recently announced that it is outlawing the use of the race-based coefficient when measuring eGFR scores. 

“Because of the race-based coefficient, many Black patients never began to accrue wait time because of a qualifying eGFR score, but were instead delayed until such time as they were forced to begin dialysis,” the USC kidney transplant class action says. 

Rowe claims USC is guilty of breach of fiduciary duty and violating Title VI of the Civil Rights Act of 1964, as well as California’s Unruh Civil Rights Act and Unfair Competition Law. 

The plaintiff demands a jury trial and requests injunctive relief and an award of statutory, treble and punitive damages for himself and all class members. 

In other recent news involving USC, the university agreed to a class action settlement earlier this year to resolve claims it canceled graduate students’ alumni association memberships.

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 B. A. Laiola and Andrew R. Iglesias of Ellis George LLP. 

The USC kidney transplant class action lawsuit 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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