PALESKI v. STATE DEPARTMENT OF HEALTH SERVICES

No. B186206.

51 Cal.Rptr.3d 28 (2006)

144 Cal.App.4th 713

Joseph PALESKI, Plaintiff and Appellant, v. STATE DEPARTMENT OF HEALTH SERVICES et al., Defendants and Respondents.

Court of Appeal of California, Second District, Division One.

November 7, 2006.


Attorney(s) appearing for the Case

Arnold & Porter, Brian K. Condon, Los Angeles; Disability Rights Legal Center and Shawna L. Parks for Plaintiff and Appellant.

Bill Lockyer, California Attorney General, Thomas R. Yanger, Senior Assistant Attorney General, Julie Weng-Gutierrez, Supervising Deputy Attorney General, and Margarita Altamirano, Deputy Attorney General, for Defendants and Respondents.


MALLANO, Acting P.J.

Plaintiff, a beneficiary of the California Medical Assistance Program (Medi-Cal), has AIDS (acquired immune deficiency syndrome). He depends upon Medi-Cal for prescription drugs. Plaintiffs physician diagnosed him with wasting syndrome, a disorder related to HIV (human immunodeficiency virus) that causes the body to use lean body mass rather than fat as an energy source. Plaintiffs physician prescribed a drug specifically approved for the treatment...

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