October 26, 2017
Samantha E. Smith '18

October 26, 2017 - At a preliminary injunction on October 11 and 12, Cardozo School of Law student Samantha E. Smith '18 of the Bet Tzedek Civil Litigation Clinic represented a proposed class of New York State Medicaid beneficiaries who need speech-generating devices from Medicaid to enable them to communicate.

The clinic requested a preliminary injunction directing the state to provide a speech-generating device to a young girl with cerebral palsy who cannot speak. The preliminary injunction hearing was held in the U.S. District Court for the Eastern District of New York. Smith had the opportunity to prepare for and individually conduct the direct examination of the plaintiff's expert witness, present critical video evidence, and participate in oral arguments.

For more background information on this case, view this October 2016 Law360 article

A 5-year-old girl, 14-year-old boy and their parents are suing the state, arguing the agency violated the Medicaid Act, Americans with Disabilities Act, Rehabilitation Act and the U.S. Constitution’s due process clause by allegedly denying so-called SGDs without a real explanation why.