December 29, 2020

Doctor’s Video Underscores How Structural Racism Permeates the Medical Profession

Unlike cellphone footage of gratuitous police violence which races across social media like wildfire, many other aspects of the structural racism that undergirds the United States remains out of sight, allowing people to chalk up events like police killings to “a few bad apples.” One of the most devastating forms in which this discrimination appears is in the worlds of medicine and health care where people of color, especially Black people are provided with inferior forms of care, which are often deadly. 

One such instance was recently highlighted in the Op-Ed pages of the Washington Post. Dr. Susan Moore was admitted to a hospital in Indianapolis where the care she received was demeaning and lackluster. Dr. Moore’s physician refused to do basic procedures like checking her lungs and did not listen to her descriptions of increased pain, despite knowing she was a fellow physician. Eventually, she was discharged and a week later died.

It is important to think about how Dr. Moore’s position at least allowed her voice to be heard by fellow practitioners and activists, who were able to bring her story to the pages of one of the nation’s major newspapers. So many more people suffer the same fate as Moore without so much as a notice, despite the fact that morbidity and mortality rates for minorities far exceeds their proportion of the population. For instance, Black mothers experience pregnancy-related mortality rates two-to-three times that of white mothers, while Black patients are less likely to be believed or listened to, just like Dr. Moore.


Such structural issues do nothing to change people’s minds about the efficacy of a health care system that has never worked for them and for long periods of US history has exploited Black people’s vulnerabilities to perform medical experiments away from the public eye, such as the infamous Tuskegee Study, in which medical researchers used black men to research syphilis without their consent. Such well-founded mistrust of the medical system continues to affect the medical profession and provision, including the coronavirus vaccine trials.

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With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

The Week in FFCRA Cases Includes a Class Action Suit against the USDA

July 24, 2020
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Four cases came across the wire this week and we have chosen to highlight them all. One case is the first class action lawsuit filed under the FFCRA and concerns potentially millions of people seeking SNAP aid. The three other suits that were filed this week follow a familiar line for anyone who has been reading our updates. People are getting sick or have family members getting sick and are then denied their right to paid leave and are terminated.

The Berke-Weiss Law Weekly Roundup, PUA Running Out, Why It Took So Long to Recognize the Child Care Crisis, and New Workers Councils

July 24, 2020
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This week marks a significant juncture for the US as Pandemic Unemployment Assistance is scheduled to end next week, schools are considering how to safely serve students, and workplaces continue to grapple with safety concerns.

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