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. Continue reading “Court grants class certification in 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. Continue reading “Yatvin co-counsels suit against New York Department of Education on behalf of students with diabetes.”
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. Continue reading “Affordable Insulin Initiative Takes a Step Forward”
|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 of insulin continues to rise, more of us, our family members, our friends and our neighbors are rationing their insulin or doing without other necessities to pay for this lifesaving drug.
This is unacceptable. It’s time to stand together and call for change.
The American Diabetes Association’s Board of Directors unanimously passed a resolution calling for immediate action by Congress and by all of the parties involved in the insulin supply chain to ensure affordable insulin for everyone who needs this lifesaving medication.
But to make sure that call is heard by those with the power to make a difference, we need you.
Add your name to the petition and join the Association to support those struggling with access to insulin.
Once you’ve signed on, help us spread the word. Real change can only happen when we raise our voices together. Here’s how you can help:
1. Share the petition with your social media community. Tell them why it matters and invite them to join you in this fight.
2. Email your friends, family, neighbors, co-workers and classmates to tell them how important it is to keep insulin affordable, and ask them to add their voices to this call to action at stopdiabetes.com/insulin
3. Know other organizations that have a stake in making insulin affordable? Ask them to join us, and make this call for change even stronger.
Let’s send a message that the rising cost of insulin, and the lives of those who depend on it, cannot be ignored.
Alan L. Yatvin
Member, Board of Directors
American Diabetes Association
Continue reading “Insulin isn’t just a drug”
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. Continue reading “Governor signs Pennsylvania School Diabetes Care Law”
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 diabetes. Joining them will be Dr. Steven Willi, medical director of the Diabetes Center for Children at The Children\’s Hospital of Philadelphia.
The broadcast will repeat that night at 11pm ET. After that it will be online on SiriusXM’s On Demand feature for the next seven days, channel 111. If you do not have a SiriusXM subscription, an alternative is linking to the 30-day free trial subscription to SiriusXM.
Alan Yatvin has represented numerous families of students with diabetes who faced discrimination because of their medical condition. He served as the American Diabetes Association (ADA) national chair of legal advocacy from 2010 – 2013. He is currently a member of the ADA Board of Directors.
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, published in the journal Diabetes Care, October 2015 vol. 38 no. 10 1958-1963.
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 do not know they have the legal right to insist on such accommodations.
Yatvin has represented numerous families of students with diabetes who faced discrimination because of their medical condition. He served as American Diabetes Association (ADA) national chair of legal advocacy from 2010 – 2013. He is currently a member of the ADA Board of Directors.
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. Continue reading “Marissa\’s Story”
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. Continue reading “Yatvin gives Diabetes Safe at School Presentation”