Plaintiffs' Motion for Class Certification with Certificate of Service and Conference

    IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

LOIS THOMPSON on behalf of and 

as next friend to TAYLOR 
KEONDRA DIXON, ZACHERY X. 

WILLIAMS, CALVIN A. THOMPSON 

and PRENTISS LAVELL MULLINS, 

No. 3-92 CV 1539=-R 

Plaintiffs Civil Action 

7. Class Action 

BURTON F. RAIFORD, in his 

capacity as Commissioner of 
the Texas Department of Human 
Services, 

and 

THE UNITED STATES OF AMERICA, 

% 
% 

X 
0%
 

MN
 
OX
 
OX
 

% 
OX

 
% 

X¥
 

% 
OX

 
MX 

XN
 

XX
 

X 
XX
 

XX
 

* 

Defendants. 

  

PLAINTIFFS' MOTION FOR CLASS CERTIFICATION 

Plaintiffs request the Court to certify, pursuant to Rule 

23(b)(2) of the Federal Rules of Civil Procedure and Rule 10.2 of 

the Local Rules, a national class of all Medicaid-eligible chil- 

dren presently residing in the United States of America for the 

claims against defendant U.S.A. The U.S.A. continues to sanc- 

tion, support, and finance, through the Medicaid-EPSDT program, a 

futile screening program for lead poisoning that is based on a 

useless, scientifically and medically discredited test [Erythro- 

cyte Protoporhin (EP) test]. The plaintiffs seek certification 

of a national class because the actions of the U.S.A. have left 

and will leave millions of poor, minority children with lead 

poisoning undiagnosed and untreated. 

Plaintiffs also request that the Court certify, pursuant to 

3  



Rule 23(b)(2) of the Federal Rules of Civil Procedure and Rule 

10.2 of the Local Rules, a class of all Medicaid-eligible chil- 

dren residing in the State of Texas for the claims against 

defendant Raiford. Defendant Raiford's actions in failing to 

require the use of a blood lead level test for screening for 

childhood lead poisoning and in allowing the use of the EP test 

will leave and has left thousands of poor, minority children in 

Texas with lead poisoning undiagnosed and untreated. 

Respectfully submitted, 

MICHAEL M. DANIEL, P.C. 

3301 Elm Street 
Dallas, Texas 75226-1637 
(214) 939-9230 (telephone) 
(214) 939-9229 (facsimile) 

By: 
  

Michael M. Daniel 

State Bar No. 05360500 

lua 3 _Aephand 
Yaurra B. Beshara 

State Bar No. 02261750 

  

ATTORNEYS FOR PLAINTIFF 

 



CERTIFICATE OF CONFERENCE   

I certify that a conference was held on October 13, 1992 
with the attorney for defendant U.S.A. on the subject matter of 
this motion. No agreement was reached because of defendant 
U.S.A's opposition to class certification. I certify that a 
donference was held on October 14, 1992 with the attorney for 
defendant Raiford on the subject matter of this motion. No 
agreement was reached because of defendant Raiford's opposition 
to class certification. 

hung RB. Aeghanro. 
Ldura B. Beshara 
  

CERTIFICATE OF SERVICE   

I certify that a true and correct copy of the above document 
was served upon counsel for defendants by being Plaged in the 
U,S. Mail, first class postage prepaid, on the /¥# day of 
ctd/\, 1992.   

COXuuna 8. Beahona 
  

Laura B. Beshara 

 



 
 

e
T
)
 

1 
ON 

ONY 
3SN3330 

T¥93T 
dOVVN