2006 – Lankford v. Sherman: Access to Durable Medical Equipment

2006 – Lankford v. Sherman: Access to Durable Medical Equipment Timelines: National Health Law Program Timeline

Joey Everett was a high school student in rural Missouri who was involved in a car accident that left him paralyzed. He qualified for Missouri’s Medicaid program, but was denied durable medical equipment under a new regulation curtailing the provision of medical equipment and supplies to most categorically eligible Medicaid recipients in the state. The National Health Law Program, along with co-counsel, filed a class action suit seeking a preliminary injunction prohibiting enforcement of this regulation. The U.S. district court denied the preliminary injunction, so we appealed to the 8th U.S. Circuit Court of Appeals. The Eighth Circuit reversed and remanded to the district court decision. On behalf of Joey Everett and the other plaintiffs, we gained statewide relief, Missouri was enjoined from enforcing the regulation and had to amend its Durable Medical Equipment program to comply with the Medicaid. With access to necessary medical equipment, Joey Everett was able to walk across the stage in get his diploma.

Read more about our work in Lankford v. Sherman here.

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