Legal Opinion

Donna Radaszewski, Guardian, on Behalf of Eric Radaszewski v. Barry S. Maram, Director, Illinois Department of Public Aid

Court of Appeals for the Seventh Circuit

Decided September 8, 2004No. 02-3657PublishedCited by 99 opinions

1Opinion of the Court

ILANA DIAMOND ROVNER, Circuit Judge.

As a consequence of brain cancer and a stroke' that he suffered at the age of 13, Eric Radaszewski requires around-the-clock medical care in order to survive. Until he reached the age of 21, the Illinois Department of Public Aid (“IDPA” or the “Department”) provided funding through a Medicaid’ program for children that enabled Eric to receive 16 hours of private-duty nursing at home each day. After he turned 21, Eric was no longer eligible to participate in that program. Illinois has a separate program providing at-home care for adults who would otherwise…

2Cases cited13 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. Board of Trustees of Univ. of Ala. v. GarrettSupreme Court of the United States · 2001
  4. Olmstead v. L.C.Supreme Court of the United States · 1999
  5. R.J. Corman Derailment Services, LLC v. International Union of Operating Engineers, Local Union 150, Afl-CioCourt of Appeals for the Seventh Circuit · 2003

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3Cited by99 opinions

  1. Wigod v. Wells Fargo Bank, N.A.Court of Appeals for the Seventh Circuit · 2012
  2. Pugh v. Tribune Co.Court of Appeals for the Seventh Circuit · 2008
  3. A.H. ex rel. Holzmueller v. Illinois High School Ass'nCourt of Appeals for the Seventh Circuit · 2018
  4. Salem, Maurice J. v. Neshewat, MichaelCourt of Appeals for the Seventh Circuit · 2006
  5. Michael Beckem v. Indiana Family and Social SerCourt of Appeals for the Seventh Circuit · 2016

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