Court grants class certification in suit against New York Department of Education on behalf of students with diabetes.

On June 18, 2019, United States District Judge Nina Gershon, of the Eastern District of New York, certified a class defined as:

All students with diabetes who are now or will be entitled to receive diabetes related care and attend New York City Department of Education schools.

The case, M.F., et al. v. The New York City Department of Education, et al., was brought by the parents of three New York City public school students with diabetes and the American Diabetes Association, suing as an organizational plaintiff on behalf of its members who who include children with Type 1 and Type 2 diabetes who attend New York City Department of Education (DOE) schools and their parents.

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Yatvin co-counsels suit against New York Department of Education on behalf of students with diabetes.

Popper & Yatvin partner Alan L. Yatvin is serving as co-counsel in a federal class action lawsuit filed on November 1, 2018, alleging the New York City public schools routinely violate the rights of students with diabetes by denying them necessary services and even excluding them from some school activities altogether. Almost two months into another school year, many parents of children with diabetes still face the impossible choice of sending their child to school without knowing whether their child will receive the necessary diabetes-related care or keeping them at home.

Disability Rights Advocates (“DRA”), the American Diabetes Association (“ADA”), and Law Offices of Popper & Yatvin are suing the New York City Department of Education (“DOE”) and other New York City agencies for their systemic failure to ensure that students with diabetes can attend school safely and have access to the same educational opportunities as their peers. This constitutes a clear violation of Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, and the New York City Human Rights Law.

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Affordable Insulin Initiative Takes a Step Forward

In the June of 2016, the Board of Directors of the American Diabetes Association (ADA) asked Board Member Alan L. Yatvin to chair the ADA’s Insulin Access Workgroup to address the problem of access to affordable insulin.  Charged with helping to develop and inform ADA policy, the Workgroup was made up of members and officers of the Board of Directors.  Working with then-Chief Advocacy Officer, Shereen Arent, the Workgroup developed a Resolution on Insulin Affordability which was approved by the Board on November 17, 2016.

Yatvin then worked with ADA staff to build and publicize an on-line petition based on the resolution, seeking transparency in the insulin supply chain and affordable insulin.  The petition also called on Congress to hold hearings to identify the reasons for the dramatic increases in insulin prices and to act to ensure all people who need insulin have affordable access to this lifesaving medication.  The Stand up for Affordable Insulin Petition, has garnered over 300 thousand signatures and is the ADA’s most successful petition.

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Insulin isn’t just a drug

Insulin isn’t just a drug. Insulin isn’t just a drug. It’s the difference between life and death for millions of people with diabetes—and it’s something they will need every day for the rest of their lives. When you or someone you love needs insulin and cannot afford it, the choices are scary. As the cost … Read more

Governor signs Pennsylvania School Diabetes Care Law

Popper & Yatvin partner Alan L. Yatvin, is pleased to announce that Pennsylvania Governor Tom Wolf has signed legislation insuring the rights and safety of children with diabetes in Pennsylvania schools.  Alan is a Director of the American Diabetes Association and a former national chair of legal advocacy.  The Association’s press release appears below.


American Diabetes Association Celebrates Signing of Pennsylvania School Diabetes Care Law

Legislation protects the rights of students with diabetes to safe care at school and access to activities

Alexandria, VA (July 18, 2016) – The American Diabetes Association today celebrates the passage of Pennsylvania school diabetes care legislation ensuring that children living with diabetes have a support system in place that allows them to be medically safe at school and have the same educational opportunity as their peers. The legislation, part of House Bill 1606, was signed into law Wednesday, July 13 by Governor Tom Wolf. It is effective immediately and allows for non-nursing school staff to be trained to provide routine and emergency care for students with diabetes, and also supports students who are able to independently self-manage their diabetes.

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Yatvin on Sirus XM’s Knowledge@Wharton

On Thursday, November 19, 2015, at 11am ET, Popper & Yatvin partner, Alan L. Yatvin, will be a guest on Knowledge@Wharton, a daily, call-in business interview program, broadcasting live on Sirius XM from The Wharton School at the University of Pennsylvania. Alan will be speaking with host Dan Loney about the rights of children with … Read more

Diabetes Care in the School Setting: A Position Statement of the American Diabetes Association

Popper & Yatvin partner Alan L. Yatvin was a member of the writing group for Diabetes Care in the School Setting: A Position Statement of the American Diabetes Association,  (ADA) published in the journal Diabetes Care, October 2015 vol. 38 no. 10 1958-1963.

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Yatvin quoted by The New York Times

Popper & Yatvin partner Alan L. Yatvin was quoted by The New York Times in an October 27, 2015, article: Many Schools Failing on Type 1 Diabetes Care.  The article highlights the failure of many schools to provide students with type 1 diabetes with the routine care they need, and the fact that often parents … Read more

Marissa’s Story

Four year old Marissa really needed a preschool.  Her mother, Evelyn, was struggling with intensive treatment for breast cancer and her father had a chronic, progressive disease that required him to use a wheelchair.   But Marissa was full of life and ready to get going on her education. She wanted to start preschool, but her low income family could not pay for it themselves. Fortunately, Marissa got into a publicly funded Head Start prekindergarten program sponsored by her public school district. After starting in September she had a fabulous three months.  She practically jumped out of her skin with excitement every morning as her grandmother, Helena, helped her get ready for school.  Then she began her school day enjoying a federally funded breakfast with her classmates.  Afterwards she zipped through a full day of learning and play.  Once a week she met with a speech and language therapist to get help with her speech disability.

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Yatvin gives Diabetes Safe at School Presentation

On March 28, 2015, Alan Yatvin presented at the Annual Conference of the Children’s Hospital of Philadelphia and the Juvenile Diabetes Research Foundation, Living Well with Diabetes: Now and in the Future.

Alan’s session was entitled: Keeping Kids with Diabetes Safe at School.  Attendees included parents, children with diabetes, healthcare providers, advocates and even a diabetes service dog in training.

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