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Jenner & Block represented the Legal Council for Health Justice in its successful effort to end Illinois' policy of rationing Medicaid participants’ coverage of life-saving drugs to cure hepatitis C (HCV).
The deadliest infectious disease in the United States, HCV affects an estimated 3.5 million Americans, including 68,400 Illinoisans. Previously, individuals enrolled in Medicaid were required to have severe liver damage before receiving coverage for treatment that would cure them of HCV. Additionally, some Medicaid participants were required to provide proof of sobriety for six months.
In October 2018, Jenner & Block joined the Legal Council for Health Justice and the Center for Health Law and Policy Innovation at Harvard Law School in sending a formal demand letter to Illinois officials on behalf of Medicaid participants.
On November 7, 2018, the Illinois Department of Health and Family Services announced it would change its policy. Now, a recognized HCV cure – direct acting antivirals, or DAAs – is accessible to thousands of Illinoisans, many of whom were previously denied treatment until they reached end-stage disease.
A team of Jenner & Block lawyers obtained the appellate reversal of a Kane County murder conviction based on what the Illinois Appellate Court said was inadmissible expert testimony from a well-known former FBI profiler and television commentator. The firm represented Shadwick King pro bono in the appeal of his murder conviction in the death of his wife, Kate.
On August 21, 2018, the Illinois Appellate Court ruled that the State should not have been allowed to use the expert testimony of Mark Safarik, who has appeared on numerous television shows, including Forensic Files, to establish that Kate King had been killed in the first place – a key disputed issue at Mr. King’s 2015 trial.
Kate King was found dead on a set of railroad tracks near the couple’s Geneva, Illinois, home in July 2014. Investigators suspected Mr. King of being involved in her death, and the evidence against him at his March 2015 trial was heavily circumstantial. The forensic pathologist for the defense testified that Mrs. King likely had died of heart failure. The State’s medical examiner, after at first leaving the autopsy report blank for “manner of death” and telling the lead detective at the autopsy that Mrs. King’s cause of death would be listed as undetermined, testified at trial that she was manually strangled.
The Appellate Court ruled that the State “broke the tie” with the profiler, Mr. Safarik, who was not qualified to give medical testimony yet testified that her cause of death was manual strangulation. The court also held that the trial court erred in allowing Mr. Safarik to testify to his opinion that the crime scene was “staged” by someone who wanted to distance himself from the crime scene and Mrs. King to throw off law enforcement. Mr. Safarik’s “staging” testimony, the court ruled, strayed into impermissible “profiling” testimony that “indirectly, but pointedly” identified Mr. King as the killer, “because, under the circumstances, no one else fit that profile.” The Appellate Court remanded the case to the Kane County Circuit Court for retrial. Prosecutors appealed the decision to the Illinois Supreme Court, which in January 2020 affirmed the Appellate Court’s remand for a new trial based on the inadmissibility of Mr. Safarik’s testimony.
The team was led by former partner Gabriel A. Fuentes, and with him were Partner Clifford W. Berlow and former associate Philip Kovoor.