A 16-year-old
HIV-positive Boston girl has filed a lawsuit against
MassHealth, Massachusetts's Medicaid program, to
force the program to pay for surgery to remove her
HIV-related "buffalo hump," a side effect of
antiretroviral drugs that gave the girl severe headaches,
neck pain, and abnormal posture. The lawsuit was filed
in Suffolk superior court by the Gay and Lesbian
Advocates and Defenders, a gay- and HIV-rights group
representing Ashley Shaw and her mother, Liz Shaw.
Ashley, who was
infected with HIV during childbirth, was adopted by the
Shaws when she was 3 months old and takes antiretroviral
drugs to control her HIV infection. The development of
a treatment-related fatty deposit on the nape of her
neck, dubbed a "buffalo hump," needed to be
surgically removed before it caused permanent damage
to the adolescent, who is still growing, Shaw's
doctors say. The "buffalo hump" also impeded
Shaw's ability to take part in sports and
regular teenage activities. "Ashley would cry
daily and had trouble sleeping due to the fat pad,"
said her mother in a press release.
On the eve of a
scheduled surgery to remove the fatty deposit, MassHealth
denied coverage for the procedure. The family decided to
proceed with the surgery anyway and afterward appeal
MassHealth's denial of coverage and seek
reimbursement. MassHealth ruled in the appeal
process that by proceeding with the surgery the
family waived any right to reimbursement by the health
care program. The family is now suing MassHealth and
Massachusetts government officials to force the state
Medicaid agency to pay for the surgery.
"This is
wrong as a matter of law and common sense," said
Bennett Klein, GLAD's AIDS Law Project
director, who is representing the Shaws. "The
[Massachusetts governor Mitt] Romney administration can show
compassion in its own backyard by making this
right." (Advocate.com)