Kramer Levin Wins Settlement on Behalf of Homeless Children with Asthma

After some three years in the courts, partner David S. Frankel, working with Mitchell S. Bernard of the Association to Benefit Children and Steven Banks of the Legal Society, won the settlement of a major federal class action lawsuit on behalf of homeless children suffering from asthma. Reportedly nearly 40% of homeless children in the City's shelter suffer from asthma, and the majority of those receive inadequate care.

The lawsuit charged New York City and State with failure to reach out and inform eligible families about their right to free medical care under the Early and Periodic Screening, Diagnosis and Treatment Medicaid program, and with failing to provide screening, diagnosis and corrective treatment under the program. The terms of the settlement provide for significant increases in outreach on free screening, diagnosis and treatment services for homeless children with asthma, as well as annual asthma training for shelter staff. In approving the settlement, U.S. District Court Judge John G. Koeltl praised Kramer Levin's efforts on behalf of some of the "most vulnerable" New Yorkers.

The firm devoted nearly 3,000 hours of attorney time to litigating the suit, winning important victories on the merits of the claims and class certification before the City was willing to enter into serious settlement negotiations. Associates Marjorie Sheldon, Susan Hawkins, and Parthena Georgiou also worked on the case.