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RADASZEWSKI EX REL. RADASZEWSKI v. MARAM

No. 02-3657.

383 F.3d 599 (2004)

Donna RADASZEWSKI, Guardian, on behalf of Eric RADASZEWSKI, Plaintiff-Appellant, v. Barry S. MARAM, Director, Illinois Department of Public Aid, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 8, 2004.

Attorney(s) appearing for the Case

Bernard Shapiro, Prairie State Legal Services, Incorporated, Rockford, IL, Eliot Abarbanel, Prairie State Legal Services, Incorporated, Carol Stream, IL, Sarah Megan (argued), Prairie State Legal Services, Incorporated, Batavia, IL, for Plaintiff-Appellant.

Mary E. Welsh (argued), Office of the Attorney General, Chicago, IL, for Defendant-Appellee.

Sarah E. Harrington, Dept. of Justice, Civil Rights Division, Appellate Section, Washington, DC, Max Lapertosa, Barry C. Taylor, Equip for Equality Inc., Benjamin S. Wolf, Roger Baldwin Foundation of ACLU, Inc., Chicago, IL, for Amicus Curiae.

Before KANNE, ROVNER, and DIANE P. WOOD, Circuit Judges.

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...

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