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Lawsuit challenging kidney allocation policy is dismissed

Lawsuit challenging kidney allocation policy is dismissed

A lawsuit challenging the current OPTN kidney allocation policy was dismissed on March 22 when plaintiffs withdrew their challenge, according to the U.S. District Court for the Southern District of Iowa. This follows a ruling in November of 2021 when the 8th Circuit Court of Appeals determined that the same plaintiffs were not likely to win on the merits of their case. 

The kidney development process was effective and fair in assessing options for improvement and ultimately selecting an approach that has increased transplant equity for kidney transplant candidates nationwide. The policy is working as intended. We thank you and all the dedicated OPTN volunteers who donate their time and expertise to further improve the national transplant system. 

The OPTN Board of Directors approved the policy in December 2019 following an extensive process of simulation modeling and consideration of broad public comment. Since its implementation in March 2021, kidney transplants for all populations have increased, including a 22% increase in kidney transplants nationwide. Monitoring reports have shown that the policy is increasing transplant equity and meeting key expectations for performance. The OPTN will continue to monitor key metrics of the policy’s performance to ensure that it continues as expected and to identify any areas for further improvement. 

Thank you also for your work on the next phase of kidney allocation, to be based on the continuous distribution framework. Public comment closes today, and you still have an opportunity if you have not done so already to shape the further improvement of the policy. 

Brian Shepard CEO, UNOS

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