Saint Louis University law students were given the opportunity
for first-hand experience when they assisted two of their
professors in suing the state.

Barbara Gilchrist, Ph.D., and John J. Ammann, J.D., of SLU sued
the state of Missouri in the summer of 2003 to restore eye and
dental benefits for many elderly and disabled residents.

The lawsuit was filed because of the passing of an
appropriations bill that did not provide funding for dental
benefits and eyeglasses for people on Medicaid.

“The state statute says those benefits include coverage for
dental and eye care,” Gilchrist said. “You cannot change the
statute through an appropriations bill.”

Gilchrist and Ammann won the decision, restoring the coverage to
the people. Gilchrist credited the assistance of SLU Hospital
doctors in the win.

“We needed medical evidence of the harm that would be caused,”
she said. The doctors had to prove to the court how many people
could not carry on normally if they went without eyeglasses. Also
without proper dental care, the people would be more prone to
infection, which could possibly eliminate them from being on an
organ transplant list.

“These people could have literally died without the proper
care,” Gilchrist said.

While not a class action suit, the result of this lawsuit was
the same, Gilchrist said.

The case also presented a great opportunity for students to get
first hand experience. Many students actually attended the hearings
and two of them helped write the brief.

“It was a great opportunity for the students to learn law and
serve low-income people,” said Ammann, who along with Gilchrist has
a great deal of experience in public-interest cases. In the past,
they have sued the city of Creve Coeur for violating the Fair
Housing Act, and challenged the living wage ordinance in its
application toward homeless shelters.

After all this experience, Gilchrist does not find the notion of
taking on the government to be intimidating, in the least.

“That’s what the courts are for,” she said

“This is a necessary thing where nobody is paying attention to
these people and something has to be done. Many people in the
government know when something is improper, and they are just
waiting for a judge to tell them that they are wrong,” Gilchrist
said.

When asked if this was the most rewarding case that she has
taken on, Gilchrist replied, “Absolutely. For lawyers who do public
interest cases, it is wonderful to know that we have made a
difference in people’s lives.” She noted that it is important to
let the government know “that you don’t balance the budget on the
backs of poor people.”

Mike Marquard/The University News

Barbara Gilchrist, Ph.D., right, and John J. Ammann, J.D., of
the School of Law won a case against the state of Missouri over the
issue of dental and eyecare benefits for the elderly and
disabled.