Adventist Health System v. U.S. Department of Health and Human Services, No. 21-1589 (8th Cir. 2021)
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The Hospitals filed suit to enjoin the OPTN's new policy, which significantly changes the method for allocating donated kidneys to kidney transplant patients, as unlawful under the Transplant Act and the Administrative Procedure Act (APA).
The Eighth Circuit affirmed the district court's denial of the Hospitals' motion for a temporary restraining order and preliminary injunction. Examining the district court's balancing of the Dataphase factors, the court concluded that the district court did not err in concluding that the Hospitals failed to show that their procedural APA claim is likely to succeed on the merits. The court also agreed with the district court that the Hospitals failed to demonstrate that they are likely to succeed on the merits of their claim that adoption of the Fixed Circle Policy was arbitrary and capricious agency action. Furthermore, the district court did not abuse its discretion in concluding that the Hospitals' one-year delay refuted their allegations of irreparable harm, and the balance of the equities and public interest weigh in favor of denying the requested preliminary injunction.
Court Description: [Loken, Author, with Kelly and Erickson, Circuit Judges] Civil case - National Organ Transplant Act. The district court did not abuse its discretion in determining that the plaintiff hospitals failed to satisfy the relevant test for issuing a temporary restraining order and preliminary injunction to enjoin the Organ Procurement and Transplantation Network's new policies concerning the method for allocating donated kidneys to kidney transplant patients.
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