Rush v. Johnson
United States District Court for the Northern District of Georgia
565 F. Supp. 856 (1983)
- Written by Elliot Stern, JD
Facts
In 1974, Carolyn Rush (plaintiff) applied to the Georgia Department of Medical Assistance (Georgia) (defendant) to cover the cost of sex-reassignment surgery under the state’s Medicaid program. Rush’s request was denied because it was determined that Rush did not suffer from a pathological condition and that sex-reassignment surgery was not covered under Georgia’s Medicaid coverage, because it was an experimental surgery. Rush sued Georgia, asking the court for an injunction against the denial of her application and damages. The district court granted Rush summary judgment, but the court of appeals reversed the decision and remanded the case back to the court. The parties each presented expert testimony regarding the efficacy and recognition of sex-reassignment surgery in the medical community. The expert testimonies conflicted over the safety and efficacy of transsexual surgery and the degree to which sex-reassignment surgery was recognized as a proven treatment for the condition of transsexualism in the medical community. Some evidence suggested that there was growing concern in the medical literature over the long-term effectiveness of sex-reassignment surgery.
Rule of Law
Issue
Holding and Reasoning (Freeman, J.)
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