“But,” the brief says, “this consideration alone does not capture the likelihood that the Black individual’s heart condition manifested earlier and is more severe than a white individual’s of the same age with the same condition. System makes race, ethnicity matter System makes race, ethnicity matterĪmong people with medical conditions such as heart disease and diabetes-two of the most common underlying medical conditions among patients with COVID-19-research shows that patients from historically marginalized racial and ethnic groups tend to have their conditions less well-treated, deadlier and more severe than white individuals, the AMA Litigation Center and MSSNY brief says.Ĭonsequently, risk factors such as age and underlying conditions do not entirely capture the risk that COVID-19 poses to patients from historically marginalized racial and ethnic groups that have traditionally had less access to health care and have had other systemic factors impact their overall health.įor example, physicians tell the court that New York’s guidance suggests that doctors and other health professionals consider a patient’s heart disease as a risk factor. The briefs, similar to their briefs filed in the lower court proceedings, explain the importance of physicians considering race and ethnicity when determining a treatment plan for COVID-19 patients. The Litigation Center of the American Medical Association and State Medical Societies and the Medical Society of the State of New York (MSSNY) joined about a half dozen other organizations in filing amicus briefs urging the 2nd Circuit to uphold each of the lower court decisions that dismissed the lawsuits. Physicians say the cases shouldn’t proceed. īut plaintiffs in the two cases are asking the appellate court to reconsider those decisions and allow the lawsuits to go forward. Bassett saying the plaintiff didn’t have standing to bring their claims against the city and state. An Eastern District of New York judge dismissed Roberts v. Bassett, ruling there was a lack of subject-matter jurisdiction. A Northern District of New York judge dismissed Jacobson v. Lower-court judges in different parts of the state earlier this year dismissed the lawsuits.
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