Case: Upstate New York Transplant Services, Inc. v. Kennedy Jr.

Filed Date: Feb. 27, 2026

Case Ongoing

Clearinghouse coding complete

On February 27, 2026, Upstate New York Transplant Services, Inc. (d/b/a ConnectLife) filed suit in U.S. District Court for the Western District of New York against the U.S. Department of Health and Human Services (HHS), HHS Secretary, Robert F. Kennedy, Jr., the Administrator of the Centers for Medicare and Medicaid Services (CMS), Dr. Mehmet Oz, and the CMS. Plaintiff alleges that they serve the community as the designated Organ Procurement Organization (OPO) for the eight counties of Western New York. Congress charged OPOs with arranging for the acquisition and preservation of donated organs, public education, and establishing relationships with local hospitals, transplant centers, and the Organ Procurement Transplantation Network (OPTN). Later this year, CMS will begin enforcing a new rule that will transform the organ donation landscape in a manner directly contrary to Congressional intent. The Final Rule will eliminate the system of regional exclusivity under which OPOs have long operated. The Final Rule creates a new scheme, one not authorized by Congress, under which even high-performing OPOs will face the prospect of losing their donation service areas (DSAs). Plaintiff claims that the Final Rule is unlawful because it is inconsistent with the statute. Congress did not authorize CMS to pit OPOs against each other in a fight for new territory. Instead, it mandated a one-to-one OPO-to-DSA relationship.

ConnectLife’s causes of action arise under federal law, the Administrative Procedure Act, and the Declaratory Judgment Act. See 5 U.S.C. §§ 701-706, 28 U.S.C. § 2201.

This case is ongoing.

Summary Authors

Claire Pollard (3/10/2026)

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72342478/parties/upstate-new-york-transplant-services-inc-v-kennedy-jr/

Vilardo, Lawrence Joseph (New York)

See docket on RECAP: https://www.courtlistener.com/docket/72342478/upstate-new-york-transplant-services-inc-v-kennedy-jr/

Last updated March 10, 2026, 12:06 p.m.

State / Territory:

Case Type(s):

Healthcare Access and Reproductive Issues

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: [Feb. 27, 2026]

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is a New York not-for-profit corporation. Plaintiff is the designated OPO for Western New York and has operated in that role since 1981.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Other Dockets:

[Western District of New York 1:26-cv-00358]

Available Documents:

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Relief Granted:

Source of Relief:

Issues

General/Misc.: