Case: Do No Harm v. the University of Pennsylvania Health System
2:25-cv-01435 | U.S. District Court for the Eastern District of Pennsylvania
Filed Date: March 18, 2025
Closed Date: Aug. 20, 2025
Clearinghouse coding complete
Case Summary
This lawsuit involves a challenge to a black medical directory created by the University of Pennsylvania.
On March 18, 2025, Do No Harm, a nationwide medical and policy advocacy group, sued the University of Pennsylvania, the University Health System, University’s Perelman School of Medicine, the Trustees of the University, the Consortium of DEI Health Educators, and WURD Radio, LLC.
Plaintiff alleged the following facts: Defendants, who have publicly held that racial health disparities in Philadelphia comes in some part from systemic racism, created the Black Doctors Directory, an information system which collects and shares information about doctors in southeast Pennsylvania, New Jersey, and Delaware. The Directory, which ingests and shares information about specific doctors’ specialty, address, contact information, and affiliated hospital, excludes non-black doctors, even those who regularly treat black patients. Plaintiff noted that the Directory is intended to connect black doctors with black patients, under the theory of racial concordance: the idea that patients do better when they are of the same ethnic background as their medical providers.
Plaintiff alleged that at least one member of Do Not Harm is a dermatologist who was excluded from the Directory because he is white, but wished to advertise on the platform to reach a wider client base.
Plaintiff further argued that the Directory is illegal under multiple provisions of federal and state law, constituting illegal discrimination on the grounds of race. In particular, plaintiff alleged the following concrete claims: (1) The Directory violates Title VI of the Civil Rights Act of 1964, which prohibits racial discrimination from any program or entity which receives federal assistance, which the Directory (as a product and operation of Penn Medicine, which further often works with WURD Radio) does. The Directory constitutes racial discrimination, not justified either by a compelling interest nor by narrow tailoring as defendants failed to consider race-neutral alternatives. (2) The Directory violates § 1557 of the Affordable Care Act, which prohibits any organization which receives federal funding from denying individuals benefits or otherwise discriminating against them. The Directory constitutes a health program under § 1557, and by the express language of the Act, causes certain individuals (non-black doctors) to be excluded from participation. (3) Defendants committed civil conspiracy under Pennsylvania common law, by acting with the common purpose of excluding non-black doctors from the Directory – acts which resulted in legal harm. To redress its claims, Do No Harm sought declaratory relief, injunctive relief, and nominal damages.
Per Rule 68 of the FRCP, plaintiff Do no Harm notified the Court on August 20, 2025, that it accepted defendants’ Rule 68 offer of judgment. The judgment included changing the name of the “Black Doctors Directory” to the “Community Health and Wellness Directory" or an equally race-neutral name. Moreover, the judgment provided that the directory is equally open to all physicians, without regard to race and physicians added to the directory will be considered by defendants if they are a physician in the greater Philadelphia area “who demonstrates a commitment to treating patients and communities historically and currently underserved.” As to damages, the judgment awarded Do No Harm nominal damages of $1. The judgment left attorney fees and costs to be resolved by the parties by separate agreement and stated that no party will take any action to seek fees or costs.
The case is closed.
Summary Authors
Keren Yi (4/19/2025)
People
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69751676/parties/do-no-harm-v-the-university-of-pennsylvania-health-system/
GOLDSTEIN, JONATHAN SHAE (Pennsylvania)
GROUEV, ZACHARY P. (Pennsylvania)
Duffy, Tricia Marie (Pennsylvania)
HAZEL, GEORGE J. (Pennsylvania)
Katsur, Melanie L. (Pennsylvania)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/69751676/do-no-harm-v-the-university-of-pennsylvania-health-system/
Last updated April 11, 2026, 6:45 p.m.
Case Details
State / Territory:
Case Type(s):
Public Benefits/Government Services
Key Dates
Filing Date: March 18, 2025
Closing Date: Aug. 20, 2025
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiff is a nationwide medical and policy advocacy group, whose members include healthcare professionals, students, patients, and policymakers
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
Defendants
Non-profit or advocacy
Consortium of DEI Health Educators
Private Entity/Person
Trustees of the University of Pennsylvania
University of Pennsylvania
University of Pennsylvania Health System
University of Pennsylvania Perelman School of Medicine
WURD Radio, LLC
Defendant Type(s):
Case Details
Causes of Action:
Affordable Care Act Section 1557, 42 U.S.C. § 18116
Title IV, Civil Rights Act of 1964, 42 U.S.C. § 2000c et seq.
Other Dockets:
Eastern District of Pennsylvania 2:25-cv-01435
Available Documents:
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Sought:
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Amount Defendant Pays: $1
Issues
Discrimination Basis:
Case Summary of Do No Harm v. the University of Pennsylvania Health System, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/46384/ (last updated 4/19/2025).