Plaintiffs' Motion for Class Certification with Certificate of Service and Conference
Public Court Documents
October 14, 1992
4 pages
Cite this item
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Case Files, Thompson v. Raiford Hardbacks. Plaintiffs' Motion for Class Certification with Certificate of Service and Conference, 1992. 0c0e2605-5e40-f011-b4cb-0022482c18b0. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/b6580ebb-c7ec-4c12-83e5-584f1c9aadc4/plaintiffs-motion-for-class-certification-with-certificate-of-service-and-conference. Accessed November 02, 2025.
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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,
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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
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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
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