J.E.M. et al. v. Kinkade, Western District of Missouri

Executive Summary

Missouri Medicaid beneficiaries with hepatitis C brought a lawsuit to challenge Missouri’s policy denying them access to direct-acting antiretroviral (DAA) medications, which clinical studies have shown cures the disease in more than 90% to 95% of cases.

Without treatment, the hepatitis C virus can result in significant liver deterioration and cause cirrhosis, liver cancer, the need for a liver transplant, or other serious and sometimes fatal consequences. Missouri denied Plaintiffs access to treatment, even though Plaintiffs’ doctors had prescribed DAA, because the State’s clinical guidelines required the disease to advance significantly before authorizing treatment with DAA.

Partners: Legal Services of Eastern Missouri, Saint Louis University Legal Clinic