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kaiserpapers.com/legalstuff/
LAWSUITS INVOLVING KAISER AND
THE FOR PROFIT PERMANENTE IN THE STATE OF TEXAS
Managed
Care Liability in Texas - by George Parker Young, written in 1999
provides a great deal of information on this topic and specific to what
took place in the state of Texas.
http://www.texhealthlaw.org/Public/images/mgdcare.pdf
Here a part of the introduction:
INTRODUCTION AND
OVERVIEW
In a 1996
concurrence, Texas Supreme Court Justice Raul Gonzales wrote:
“Recent
developments in the health care industry have diffused the medical
chain of authority for the sake of containing costs and increasing
profits. For example, there are reports that in managed care systems
like health maintenance organizations (HMOs), physicians are subjected
to gag orders and are given financial incentives not to perform
certain
procedures or make referrals to outside specialists. Some HMOs hire
bargain-rate labs and allow nonphysicians to decide what is or is not
appropriate treatment based solely on economic considerations, not on
the best interests of the patient....Unless the Legislature acts in a
comprehensive way to address this issue, courts will be forced to
re-think
traditional notions
of duty and standards of care, leading to fundamental doctrinal shifts
gauged both to protect victims of medical malpractice and to shield
physicians from frivolous malpractice claims.”
and here are some excerpts related specifically to Kaiser Permanente
cases in the state of Texas:
Appendix 2: U.S. District Judge Means’ Unpublished Opinion in White v.
Kaiser
Appendix 3: U.S. District Judge Fitzwater's Unpublished Opinion in
Ravenell v. Kaiser
Appendix 7: U.S. District Judge McBryde’s Published Opinion in Cyr
& Lacker v. Kaiser
Appendix 8: Shea and Class Action Patterned on Shea: Ehlmann v. Kaiser;
First Amended
Complaint and U.S. District Judge Means’ Unpublished Order
Appendix 12: Judge Jeff Walker’s Summary Judgment of No ERISA Conflict
Preemption in Cyr &
Lacker v. Kaiser
Appendix 15: TDI Consent Order: Kaiser Foundation Health Plan of Texas
Appendix 21: U.S. District Judge Sam Lindsay’s Order denying
Plaintiffs’ Motion to Remand in Silva
v. Kaiser Permanente
Appendix 25: Steven Andrew Olsen Coalition for Patients’ Rights v.
Kaiser, Cause No. 302263 (Sup.
Ct. Cal. Mar. 26, 1999); Plaintiff’s Opposition to Defendants’ Demurrer
to The First
Amended Complaint
Rice v. Kaiser Found. Health Plan of Tex., Inc., Civil
Action No.
3:99-CV-0714-L, UNITED
STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF
TEXAS, DALLAS DIVISION, September
27,
2000, Decided, September
27, 2000, Filed; September 28,
2000,
Entered on Docket
OVERVIEW: State claims
for negligence and medical malpractice
against
health plan affiliates
were not preempted by ERISA because
plaintiffs
challenged quality of
health plan, not the manner in
which it was
administered.
CORE TERMS: health care,
preempted, containment, removal,
cause of
action, subject matter
jurisdiction, federal question,
state law, employee
benefit plan, medical
malpractice...
Silva
v. Kaiser Permanente, CIVIL ACTION NO. 3-98-CV-0767-L,
UNITED STATES DISTRICT
COURT FOR THE NORTHERN DISTRICT
OF TEXAS, DALLAS
DIVISION, May 25, 1999, Decided, May
25, 1999,
Filed; May 26, 1999,
Entered on Docket
OVERVIEW: Plaintiffs who
sought remand to state court
of their action
alleging medical
malpractice and negligence were unsuccessful,
because of preemption by
the Employee Retirement Income
Security Act.
CORE TERMS: removal,
preempted, containment, utilization,
state law,
lymphoma, doctors,
subject matter jurisdiction, federal
question,
implicated...
Sibley
v. Kaiser Found. Health Plan, No. 06-98-00157-CV,
COURT OF
APPEALS OF TEXAS, SIXTH
DISTRICT, TEXARKANA, August 11,
1999,
Submitted, August 12,
1999, Decided
OVERVIEW: Defendant
accused of employment discrimination
moved for
summary judgment after
disproving an essential element
of plaintiff's
cause; the burden shifted
to plaintiff, who failed to
raise an issue of fact
about the element negated.
CORE TERMS: summary
judgment, cause of action, outrageous,
termination, terminated,
duty, emotional distress, discharged,
pet, racial
discrimination...
Dinkins
v. Dallas Pathology Assocs., No. 05-98-02104-CV,
COURT OF
APPEALS
OF TEXAS, FIFTH DISTRICT, DALLAS, April 22, 1999,
Opinion
Filed,
PURSUANT TO THE TEXAS RULES OF APPELLATE
PROCEDURE,
UNPUBLISHED OPINIONS SHALL NOT BE CITED AS
AUTHORITY
BY COUNSEL OR BY A COURT.
http://legalstuff.kaiserpapersThe
Kaiser Papers A Public Service Web
Sitekaiserpapers.com/legalstuff//afterreform.html
Cyr/Lacker v.
Kaiser Foundation
Health Plan of
Texas A
recent case involving claims of negligent selection, credentialing and
monitoring is Cyr v. Kaiser
Foundation Health
Plan.202 In Cyr, Barbara suffered severe cardiac injuries and
Robert Lacker suffered the
cardiac death of
Mr. Lacker, husband and father. The plaintiffs sought damages
arising out of their respective
injuries based on
Kaiser’s negligent system of health care.
In
support of negligent credentialing allegations, Plaintiffs cited TDI’s Reports
and actions against
Kaiser.
Read more at: http://www.texhealthlaw.org/Public/images/mgdcare.pdf
A
closely-watched medical malpractice
lawsuit ended with the Kaiser Permanente health care giant agreeing to
pay
$5.35 million to the family
of a man who died after doctors failed to diagnose his heart disease.
The
family of
Ronald
Henderson, 56, had accused
Kaiser Permanente's North Texas HMO of negligence in his death, claiming
the
firm was so intent on slashing
its costs that it failed to provide him with adequate care. The deal
was
struck
shortly
after the jury in a nonbinding
"test trial" sided with Henderson's family and said it would have
awarded
them
$62 million if it were a real
trial.
see:
http://horror.kaiserpapersThe
Kaiser Papers A Public Service Web
Sitekaiserpapers.com/legalstuff//heart/tex2116.html
Estate
of Henderson v.Kaiser PermanenteMisdiagnosis at ER resulting in
patients
death
https://kaiserpapers.com/legalstuff/henderson.html
Ehlmann
v. Kaiser Foundation Health Plan of Texas, (5th Cir. 2000)
Synopsis:
ERISA: No Duty to Disclose Physician Compensation
Arrangements-Ehlmann
v. Kaiser Found Health Plan of Texas1--The United States Court of
Appeals for the Fifth Circuit held that Health Maintenance
Organizations (HMOs) have no fiduciary obligation to disclose
physician
compensation under ERISA absent special circumstances or specific
inquiry.
http://legalstuff.kaiserpapersThe
Kaiser Papers A Public Service Web
Sitekaiserpapers.com/legalstuff//Ehlmann-v-kaiser.html
also at:
http://www.txnd.uscourts.gov/pdf/Opinion/497cv264_94.pdf
Jack
Noble v. Kaiser Foundation Health Plan of Texas and John B. Delcambre,
M.D.severed right spinal accessory nerve
Description:
This case involved an injury suffered by Mr. Noble, who
was a 56-years-old water department employee. During surgery to repair
a stomach problem. Dr. Delcambre operated to remove a subaceous cyst on
Mr. Noble's neck. While removing the cyst, Dr. Delcambre severed the
right
spinal accessory nerve in Mr. Noble's neck. Over the next several
months,
the doctor and other doctors at Kaiser failed to properly diagnose the
injury. Once the diagnosis was made (almost six months later), it was
too
late to repair the nerve damage. As a result, Mr. Noble suffered
disabling
injuries. $300,000.00
https://kaiserpapers.com/legalstuff/jack.html
LETHA
ANN RAVENELL& KENNETH RAYRAVENELL, V.KAISER FOUNDATION HEALTH
PLAN
OF TEXAS, )
Department
of Labor Law Suit
orginally filed under
ravenel.txt
Entry found on this topic found in
http://www.texhealthlaw.org/Public/images/mgdcare.pdf
In
Ravenell, the plaintiffs sought to recover from the Kaiser Health Plan
and related health care providers and physicians based on theories of
negligence and gross negligence and based on a theory of vicarious
liability, and on grounds of respondeat superior and ostensible agency
for the negligence of the agents, employees, physicians and providers.
Id. Specifically, the plaintiffs alleged Kaiser Health Plan failed to
order proper diagnostic tests, failed to properly diagnose Mrs.
Ravenell’s condition, failed to properly train the health care
providers, and failed to have adequate treatment policies relating to
conditions such as Mrs. Ravenell’s.
Id.
The Kaiser HMO defendants removed the Ravenell case to federal court,
claiming ERISA preemption. The
plaintiffs moved to remand, urging the court to find the state law
claims were not related to an ERISA plan, and
thus were not preempted. In finding the plaintiffs’ claims were not
preempted, District Court Judge Sidney
Fitzwater
reasoned: Plaintiffs’ suit is not an action to redress injuries
flowing from decisions concerning what benefits are to be paid or which
ones are permitted [by the employer’s plan]. .......Read More at:
http://www.texhealthlaw.org/Public/images/mgdcare.pdf
In the unpublished Order
Granting Motion to Remand in White v. Kaiser Foundation Health Plan of Texas, Civil Action No.
4:96-CV-0685-Y, January 17, 1997, the federal district
court found the plaintiffs’claims (negligence per se,
negligence based on
respondeat superior, ostensible agency, and agency by estoppel, fraud, constructive
fraud, negligent
misrepresentation,
and the Deceptive Trade Practices Act) should be remanded because
the federal court
lacked jurisdiction. The court did not specifically address the issue of complete
preemption but discussed the Kaiser Defendants failure
to demonstrate “that
Plaintiffs’ claims fall within the scope of § 502(a)(1)(b) and (a)(3) of ERISA.” Id. at
1-2.
Read
more at:
http://www.texhealthlaw.org/Public/images/mgdcare.pdf
Cristantielli
vs Kaiser
http://www.txnd.uscourts.gov/pdf/Opinion/499cv516_39.pdf
Kaiser denied a PSA test for a
50 year old male. Kaiser
claimed
that it is not an accurate test for prostate cancer and denied a
digital
exam after patient developed back pain.
File:
/www/txnd/docs/judges/solis.html
Document Title (if
any): U.S. District Court - Northern District of Texas
Score: 0.7742
Summary: Birth:
1951 Year Service Began: 1991 Appointed by: President
George Bush Education: McMurry University 1973 BA; University of Texas
School of Law 1976 JD Legal Practice: Sole practitioner, Abilene 1988;
Moore and Holloway, Abilene 1981 - 1982 Government: Assistant Criminal
District Attorney, State of Texas, Abilene 1976 - 1981; Criminal
District Attorney, Taylor County, State of Texas, Abilene 1983 - 1987;
Special Prosecutor, West Central Narcotics Task Force, Abilene 1988
Judicial: Judge, ...
Highlighted
Summary: ... are available to the public as a service of
PACER. Case Number - Civil Style Document No. Pages Date Entered
4:99-cv-516 Cristantielli vs Kaiser
Foundation Health Plan of Texas 39 21 08/01/00 3:99-cv-2141 Avalon
Residential Care Homes, Inc. vs City of Dallas 64 18 02/02/01
3:99-cv-1993 Barett vs ...
File:
/www/txnd/docs/judges/means.html
Document Title (if
any): U.S. District Court - Northern District of Texas
Score: 0.7742
Summary: David and
Sue Winningham vs Anheuser-Busch, Inc., et al.
American Airlines, Inc. vs Rogerson ATS, et al. Great West Caualty
Company vs Omniflight Helicopters, Inc., et al.
Highlighted
Summary: ... Hermann n/a 5 07/24/97 4:89-cv-515 Texas
Housing Authority vs Verex Assurance, Inc. 159 6 01/12/98 4:97-cv-264
Mary Ellen Ehlmann, et al. vs Kaiser
Foundation Health Plan of Texas, et al. 94 7 08/24/98 4:99-cv-079
Lockheed Martin Corporation vs Raytheon Company 51 10 02/19/99
4:99-cv-760 Keith and ...
Case
Number
Style
Filed/Location
Type/Status
DC-00-04459
TRAN MINH ET AL vs. KAISER
FOUNDATION H DBA
06/15/2000
134th District Court
DAMAGES
CLOSED
DC-01-01468
FINCK ANTHONY VINCENT NF vs.
PERMANENTE MEDICAL ASSOC
02/23/2001
44th District Court
DAMAGES
CLOSED
DC-02-08899
GARCIA ARLENE vs. KAISER
FOUNDATION HEA DBA
09/17/2002
162nd District Court
DAMAGES
CLOSED
DC-88-04406
THOROUGHMAN ANDREA E vs.
KAISER FOUNDATION
04/07/1988
192nd District Court
DAMAGES
CLOSED
DC-89-04538
WRIGHT SHARON vs. BROWN TRACY
04/14/1989
160th District Court
MOTOR VEHICLE ACCIDENT
CLOSED
DC-90-04534
MARTINEZ GLORIA vs. KAISER
FOUNDATION HEA DBA
04/18/1990
68th District Court
DAMAGES
CLOSED
DC-90-06108
DAVENPORT DEBORAH S ETAL vs.
PARKER COLLEGE OF CHIROPR
05/23/1990
160th District Court
DAMAGES
CLOSED
DC-90-06189
SMITH KEVIN J vs. RUBICON
CORPORATION
05/24/1990
162nd District Court
OTHER (CIVIL)
CLOSED
DC-90-08264
MUNOZ DEBBIE M ETAL vs.
MCNABB JOHN R MD ETAL
07/13/1990
116th District Court
DAMAGES
CLOSED
DC-90-08624
FERRELL CHILES C ETAL vs.
KAISER PERMANENTE
07/23/1990
44th District Court
DAMAGES
CLOSED
DC-90-11550
HOLLEY JEFF ETAL vs. KAISER
PERMANENTE
09/27/1990
193rd District Court
DEBT/CONTRACT
CLOSED
DC-90-12437
PETTY VALARIE NF vs. KAISER
PERMANENTE
10/19/1990
44th District Court
DAMAGES
CLOSED
DC-91-01193
HAHN KAY SUZANN vs. KAISER
FOUNDATION HEALTH
01/31/1991
192nd District Court
DEBT/CONTRACT
CLOSED
DC-91-06746
TINKLER RICHARD ETAL vs.
KAISER FOUNDATION HEALTH
06/10/1991
162nd District Court
DAMAGES
CLOSED
DC-91-11347
MINTON CHARLES ETAL vs.
ECHOLS B R DR ETAL
09/19/1991
101st District Court
DAMAGES
CLOSED
DC-91-12412
KEENE PAULA vs. MCNABB JOHN
MD ETAL
10/15/1991
134th District Court
DAMAGES
CLOSED
DC-92-02001
CHRISTIANSEN RICHARD M vs.
KAISER FOUNDATION HEALTH
02/10/1992
116th District Court
DAMAGES
CLOSED
DC-92-11436
COOPER DAN G vs. KAISER
FOUNDATION HEALTH
09/18/1992
101st District Court
DAMAGES
CLOSED
DC-92-15077
WILLIAMS JUNE vs. TAN DOMINGO
DR ETAL
12/22/1992
68th District Court
DAMAGES
CLOSED
DC-93-02774
ZAHERI EIDI vs. KAISER
PERMANENTE
03/17/1993
14th District Court
DAMAGES
CLOSED
DC-93-03314
FYFFE ROBERTA vs. TEXAS
EMPLOYMENT COMMISSI
03/29/1993
160th District Court
WORKERS COMPENSATION
CLOSED
DC-93-03582
BOWMAN NAOMIA vs. WADE DEAN
DR ETAL
04/06/1993
298th District Court
DAMAGES
CLOSED
DC-93-05008
LIBERTY MUTUAL FIRE INSUR vs.
KAISER PERMANENTE
05/11/1993
298th District Court
WORKERS COMPENSATION
CLOSED
DC-93-11261
MOORE STEPHEN L vs. KAISER
PERMANENTE
10/26/1993
116th District Court
DAMAGES
CLOSED
DC-94-02866
FRIERSON DORIS ET AL vs.
KAISER FOUNDATION HEALTH
03/24/1994
95th District Court
DEBT/CONTRACT
CLOSED
DC-94-03580
SOTO DONNA NF vs. KAISER
FOUNDATION HEALTH
04/13/1994
192nd District Court
DAMAGES
CLOSED
DC-94-07832
LESLIE BETTY ETAL vs. TRIGO
LUIS C III MD ETAL
08/04/1994
116th District Court
DAMAGES
CLOSED
DC-94-09130
TUCKER JANICE RENEE vs.
KAISER PRUDENTIAL HEALTH
09/01/1994
162nd District Court
DAMAGES
CLOSED
DC-94-12704
ROBERSON WILLIAM E vs. KAISER
FOUNDATION HEALTH
12/09/1994
101st District Court
DAMAGES
CLOSED
DC-95-02956
SELLS MARY CATHIE vs. KAISER
FOUNDATION HEALTH
03/27/1995
68th District Court
DAMAGES
CLOSED
DC-95-03470
HENDRIX LINDA S vs. KAISER
FOUNDATION HEALTH
04/11/1995
160th District Court
DAMAGES
CLOSED
DC-95-03905
FOUNTAIN T C vs. WILLIAMS
ERIC MD ETAL
04/21/1995
95th District Court
DAMAGES
CLOSED
DC-95-04896
REYNA DIANA P vs. KAISER
FOUNDATION HEALTH
05/18/1995
191st District Court
DAMAGES
CLOSED
DC-95-07723
GUEST EMMETT ETAL vs. KAISER
FOUNDATION HEALTH
08/04/1995
101st District Court
DAMAGES
CLOSED
DC-95-09765
HILL DOROTHY JEAN ETAL vs.
COLUMBIA HCA OF HOUSTON
09/08/1995
134th District Court
DAMAGES
CLOSED
DC-95-09896
WARD VANESSA D vs. AHMADI
HAMID MD ETAL
09/12/1995
116th District Court
DAMAGES
CLOSED
DC-95-12981
BURGESS ETHYE ETAL vs. KAISER
FOUNDATION
12/12/1995
134th District Court
DAMAGES
CLOSED
DC-95-13430
ALMANY TRACEY M ETAL vs.
KAISER FOUNDATION HEALTH
12/27/1995
162nd District Court
DAMAGES
CLOSED
DC-96-06042
RHONE JESSE J ETAL vs. KAISER
FOUNDATION HEALTH
06/14/1996
191st District Court
DAMAGES
CLOSED
DC-96-08001
HAWES MARY ANN NF vs. KAISER
PERMANENTE
08/07/1996
160th District Court
SEVERANCE CIVIL
CLOSED
DC-96-09149
WALLACE GLENDA ETAL vs.
KAISER FOUNDATION HEALTH
08/30/1996
298th District Court
DAMAGES
CLOSED
DC-96-11564
MASON KAREN vs. KAISER
FOUNDATION HEALTH
11/04/1996
101st District Court
DAMAGES
CLOSED
DC-97-00967
GREEN JUSTIN FREDERICK vs.
KAISER FOUNDATION HEALTH
01/31/1997
68th District Court
DAMAGES
CLOSED
DC-97-04477
ROBERTS CLOVIS ETAL vs.
MEDICAL CITY DALLAS HOSPI
05/14/1997
162nd District Court
DAMAGES
CLOSED
DC-97-04970
DINKINS MARGARET THERESA vs.
DALLAS PATHOLOGY ASSOCIAT
05/30/1997
95th District Court
DAMAGES
CLOSED
DC-97-08990
HURT KATHY ETVIR vs. KAISER
FOUNDATION HEALTH
10/03/1997
162nd District Court
DAMAGES
CLOSED
DC-97-09986
BURBA RANDALL ETAL vs. KAISER
FOUNDATION HEALTH
11/05/1997
68th District Court
DAMAGES
CLOSED
DC-98-00949
POLK LINDA ETAL vs. KAISER
FOUNDATION HEALTH
02/03/1998
44th District Court
DAMAGES
CLOSED
DC-98-01996
HARRIS DEBRA vs. PRICE IVORG
GARRETT MD
03/09/1998
192nd District Court
DAMAGES
CLOSED
DC-98-08159
MELOY CURTIS vs. KAISER
FOUNDATION HEALTH
10/21/1998
193rd District Court
DAMAGES
CLOSED
DC-98-08575
JONES PATTY J vs. KAISER
FOUNDATION HEALTH
11/05/1998
116th District Court
DAMAGES
CLOSED
DC-98-09868
JACCAR MICHAEL G vs. KAISER
FOUNDATION HEALTH
12/31/1998
191st District Court
DAMAGES
CLOSED
DC-98-09869
DEVAUGHN CLARISSA vs. KAISER
FOUNDATION HEALTH
12/31/1998
68th District Court
DAMAGES
CLOSED
DC-99-00205
MANDIS DELMA vs. KAISER
FOUNDATION HEALTH
01/12/1999
44th District Court
DAMAGES
CLOSED
DC-00-06939
ALLEN YOLANDA M ETAL vs.
GOWLIKAR TULSIRAM MC ETAL
08/29/2000
134th District Court
DAMAGES
CLOSED
DC-85-15656
HAWKINS JANET KAY ETAL vs.
INTERNATIONAL PLAYTEX INC
11/20/1985
160th District Court
DAMAGES
CLOSED
DC-88-04406
THOROUGHMAN ANDREA E vs.
KAISER FOUNDATION
04/07/1988
192nd District Court
DAMAGES
CLOSED
DC-93-02311
DICKINSON SUSAN ET VIR vs.
RADIOLOGY CONSULTANTS ET
03/05/1993
101st District Court
DAMAGES
CLOSED
DC-94-12402
ALMEIDA BRENDA ETAL vs.
RICHARDSON MARILYN R MD
12/01/1994
298th District Court
DAMAGES
CLOSED
DC-95-03905
FOUNTAIN T C vs. WILLIAMS
ERIC MD ETAL
04/21/1995
95th District Court
DAMAGES
CLOSED
DC-95-09386
MORGAN MARY LOU ETAL vs.
KAISER FOUNDATION HEALTH
08/31/1995
134th District Court
DAMAGES
CLOSED
DC-95-12981
BURGESS ETHYE ETAL vs. KAISER
FOUNDATION
12/12/1995
134th District Court
DAMAGES
CLOSED
DC-96-02263
JUDGE AUDREY vs. ASTLE WILLIAM
03/04/1996
193rd District Court
MOTOR VEHICLE ACCIDENT
CLOSED
DC-96-03828
PUENTE JOSE ETAL vs. STATE
FARM MUTUAL AUTOMOB
04/17/1996
192nd District Court
DEBT/CONTRACT
CLOSED
DC-97-07698
