Some Class Action Lawsuits Against Kaiser and The Permanente
A Class Action suit involves less rigorous examinations of individual cases and puts more emphasis on a pattern of conduct. A Class Action suit can provide out-of-court settlements or, court verdicts with as little pain as possible." - Richard Winton, Los Angeles Times Staff Writer
December 6, 2014 - Kaiser Permanente To Pay $5.4M To End TCPA Class Action
By Caroline Simson
Law360, New York (December 05, 2014, 12:38 PM ET) -- Kaiser Permanente will pay $5.35 million to settle a class action accusing the health care organization of violating the Telephone Consumer Protection Act by sending unsolicited prerecorded messages to former customers’ cellphones, according to an order signed by a California federal judge Thursday.
In his preliminary approval order, U.S. District Judge John A. Houston also certified a nationwide class of Kaiser’s former customers, who had canceled their health insurance coverage and subsequently received unwanted calls to their cellphones.......http://www.law360.com/privacy/articles/601666/kaiser-permanente-to-pay-5-4m-to-end-tcpa-class-action
March 31, 2014 -
Kaiser illegally fails to treat serious mental illness on par with treatment for physical illness, a class claims in a lawsuit filed last week.
Charles Dion sued Kaiser Foundation Health Plan, on behalf of himself and other plan members with serious mental illnesses, in Alameda County Superior Court. ......
The class claims Kaiser participates in unfair business practices, and seeks declaratory and injunctive relief.
The class is represented by Robert S. Gianelli and Jully C. Pae of Gianelli and Morris, a Law Corporation, in Los Angeles, and Scott C. Glovesky in Pasadena.
Two Oregon patients sue Kaiser Permanente, claim they were HIV tested without permission
By Aimee Green, The Oregonian The Oregonian
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on November 29, 2013 at 4:29 PM, updated November 29, 2013 at 5:19 PM
Two Portland area residents are suing Kaiser Permanente for screening them for HIV -- along with about 6,500 other Northwest members -- without seeking their permission.
The plaintiffs -- identified in a federal lawsuit as Barbara Kelley of Multnomah County and William Pearse of Clackamas County -- are asking a judge to approve the suit as a class action suit that could seek $6.5 million or more from Kaiser for the apparent misstep.
Oregon law requires Kaiser to inform patients that they are about to be tested for the virus that causes AIDS and give patients the option of declining the testing. But from April 11 to May 5, Kaiser tested Oregon and Washington members who were ages 50 to 65, but it “did not communicate this new protocol” to them, according to the suit.
The suit was filed in U.S. District Court in Oregon on Wednesday. It claims invasion of privacy, unlawful trade practices and fraud. The suit asks for $1,000 in damages each for Kelley and Pearse, plus millions more if others who were tested are allowed to join the litigation.
Kaiser performed the tests as the first phase in a plan to test all members, ages 15 to 65, for the virus.
Nov 1, 2013 - From News Article: http://www.columbian.com/news/2013/nov/01/local-woman-sues-kaiser-over-hiv-test/
A Clark County woman has filed a lawsuit against Kaiser Permanente for testing patients’ blood for human immunodeficiency virus without their knowledge or consent. She’s seeking to have the suit made into a class action.
Lawfirm of Stritmatter Kessler Whelan Coluccio
The claims are brought strictly under state law, rather than federal law.
October 2, 2013 - Filed in Alameda County, California - alleging denial of timely and/or appropiate care.
Filed by Siegel, Lewitter, Malkani of Oakland, California
Contact Information: Latika Malkani
Phone Number: 510-452-5000
1939 Harrison Street, Suite 307
Oakland, California 94612
California Class Action Case RG13697775
Filing found here for your viewing: http://legalstuff.kaiserpapers.org/pdfs/Futterman-v-KFHP.pdf
This suit consists of all current and former Kaiser members who have either been denied access to mental health services, dissuaded from pursuing
mental health services, provided with delayed access to mental health services and/or provided with inaccurate and confusing information
from Kaiser regarding mental health services available to them from October 2, 2009 to the present.
(Violations of Business and Professions Code, Section 17200 et seq., Violations of the Unruh Civil Rights Act, Breach of the Covenant of
Good Faith and Fair Dealing, Breach of Contract)
May 29, 2013
The San Francisco Employment Lawyers at Blumenthal, Nordrehaug & Bhowmik File Suit Against Kaiser Permanente For Allegedly Denying Their Account Managers Overtime Pay
Account Managers filed a class action with the help of the San Francisco labor attorneys at Blumenthal, Nordrehaug & Bhowmik against Kaiser Permanente for alleged misclassification as salaried employees exempt from overtime
May 3, 2013
Nurses Hit Kaiser Permanente, AMN With Wage-And-Hour Suit
By Dan Prochilo
Kaiser Permanente International and several units of AMN Healthcare Services Inc. made nurses work through their meal breaks, put in unpaid overtime and keep their schedules perpetually open in case they were called in to work, according to a wage-and-hour class action filed against the health care corporations Wednesday.
April 2013 -- Kaiser Permanente Automated Call Class Action Lawsuit
By Jessica Tyner
In late April 2013, Kaiser was hit with a TCPA class action lawsuit for contacting consumers using an automated messaging system.
to the latest lawsuit, Kaiser called a California resident who never
consented to receive phone calls. Plaintiff Rafael David Sherman says
that Kaiser called him using an automatic message 90 days after
cancelling his insurance with the company. The call was an
advertisement for Kaiser’s services, which is considered a marketing
call -- and violates TCPA law.
Find out more about your rights at the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. http://www.topclassactions.com/lawsuit-settlements/investigations/2828-text-message-spam-cell-phone-call-tcpa-class-action-lawsuit-settlement-investigation
Kaiser Sued for Failing to Pay Case Managers for Overtime
Article located at: http://thejobmouse.com/2012/02/28/kaiser-sued-for-failing-to-pay-case-managers-for-overtime/
mirrored for historical purposes at: http://legalstuff.kaiserpapers.org/kaiser-overtime-problems.html
Update on Kaiser Class over Co-Payments - A federal judge dismissed with prejudice a class action that claimed Kaiser cheats policyholders by refusing to reimburse them for copayments. See: http://legalstuff.kaiserpapers.org/glaus.html
Class Action Filed in California
proposed class-action lawsuit has been filed by Antonio Gonzalez
("Plaintiff") against Kaiser Foundation Hospitals, Kaiser Permanente
and Kaiser Foundation Health Plan, Inc. (hereafter, referred to
collectively, as "Kaiser"), on behalf of all non-exempt employees
employed in the State of California by defendants (Kaiser) in
Defendants' hospice/home health palliative care departments, at any
time since September 28, 2008, and since that time, i.e., beginning on
the four years preceding the filing of the lawsuit on September 28,
2008. The case was filed in Los Angeles County Superior Court, Case No.
Kaiser is one of the hospitals named in the suit against Trasylol.
The following is from the law firm of Anapol Schwartz
Aprotinin/Trasylol doubles the risk of
kidney failure and
stroke and increases the risk of heart failure or heart attack by 55
percent. Aprotinin/Trasylol is an injection used to prevent excessive
blood loss during heart bypass surgery. Aprotinin
is linked to encephalopathy, degenerative brain diseases. Are you or a
family member eligible for an aprotinin lawsuit?
The generic alternatives Amicar (aminocaproic acid) and Cyklokapron (tranexamic acid) were studied too. These generic drugs were confirmed to be both safe and effective. Researchers estimated that if hospitals stopped using Trasylol and instead used the above generic drugs, it would save 9,000 to 11,000 people every year from kidney dialysis.
The difference in bypass surgery drugs is
If you or someone close to you has received Trasylol (aprotinin injection) during heart surgery, and then suffered from kidney problems (kidney failure), heart attacks, stroke, or other serious medical conditions, you are urged to contact the law offices of Alexander Hawes, LLP at 800.921.1776 to speak to an attorney. The call is free, and there is no obligation. You may also email us below. Act now, as delays can harm your case.
June 05, 2006 08:11 PM US Eastern TimezoneEisenberg & Gray Law Firm Files Class Action Suit Against Kaiser Kidney Transplant Program
SAN FRANCISCO--(BUSINESS WIRE)--June 5, 2006--A class action complaint was filed today in San Francisco Superior Court against Kaiser, who closed their kidney transplant program in San Francisco last month. The lawsuit was filed by Irvine attorneys Eisenberg & Gray LLP, who are also lead counsel in the transplant litigation against the UCI Medical Center.
"It appears that Kaiser was more concerned about the bottom line than the health of their member patients. They forced their Northern California kidney transplant patients to leave the University of California at San Francisco and University of California at Davis and become patients at Kaiser's in-house transplant facility in San Francisco. Kaiser did not want to pay for ongoing kidney transplant medical care for approximately 2,000 Northern California patients, so they attempted to open their own facility but totally failed in the process," said Irvine attorney Larry Eisenberg. "This is an outrageous example of gross mismanagement at the highest level. Kaiser interrupted ongoing transplant medical care and rejected donor kidneys, which caused patient deaths and severely compromised the health of their members," said Eisenberg.
The lawsuit alleges negligence, fraud and misrepresentation due to Kaiser's inability to properly administrate the San Francisco Kidney Transplant Program. "It is clear that Kaiser patients did not receive proper medical care and kidney transplants were delayed. There was a complete lack of oversight in the operation and administration of the Kaiser program and the patients and their families paid the price," said Eisenberg.
California Consumer health Care Council
(CCHCC ) would like to speak to anyone who made a claim to or against
as a result of which sensitive medical information was improperly
to anyone who had
On January 26, 2005, Seeger • Salvas LLP - http://legalstuff.kaiserpapers.org/pdfs/Kaiser Lawsuit.pdf filed a class action lawsuit against Kaiser Foundation Health Plan, Inc. to stop Kaiser from revoking its members’ health insurance based on the member’s response to a hopelessly ambiguous application question. Question No. 9 on Kaiser’s standard application asks “Do you have any unexplained and/or undiagnosed symptoms such as:” and then lists 14 specific“symptoms” such as chest pain, shortness of breath, and loss of consciousness, followed by boxes for “Other,” and “None of the above.” Kaiser members who do not suffer from any of the specifically listed “symptoms” and check “None of the above” may not realize that Kaiser has used Question No. 9 to retroactively revoke health care coverage. After a member is diagnosed with a significant medical condition, Kaiser’s insurance people have poured through the member’s medical history – using 20/20 hindsight – trying to find something that might have been a “symptom” of that disorder. Once such a “preexisting symptom” is found, Kaiser revokes the member’s health care insurance, claiming that the member intentionally misrepresented his or her health status by not checking “Other” on Question No. 9.
over X-ray standards
sued in instrument scare
health council sues Kaiser over medical disclosures
The council contends that when Kaiser learns of a suit or potential suit by a patient, its legal department opens and studies that patient's private medical records without notifying the patient. This alleged review by Kaiser's legal department is inappropriate, said the council, because Kaiser's legal employees have no role in the patient's health care.
"If a patient has a claim against Kaiser for negligently cutting off a little finger, why should a clerk in Kaiser's legal department be able to review the patient's entire medical file, which might include information on unrelated sexual, psychiatric or personal problems ...?" asked Martin Blake, one of the lawyers who filed the suit in Alameda County Superior Court for the council on Monday.
John Metz, the chairman of the council, said that Kaiser has put its own legal interests above the protection of its patients' privacy. "It is just wrong," he said in a statement
Area physicians sue Kaiser Class-action case stems from HMO's decision to leave Kansas City area
cross referenced with: http://drphillips.kaiserpapers.org/kansaswaxman.html
FILES CLASS ACTION AGAINST KAISER PERMANENTE FOR FORCING HMO MEMBERS TO
Health Foundation , Inc., et al.
Kaiser Bait and Switch Scam - Class Action Lawsuit Information
Patients who belong to Kaiser Permanente health-maintenance organizations aren't being told the truth about how their doctors make decisions about their health care, according to a class-action lawsuit filed yesterday in U.S. District Court in Seattle.
Kaiser and the Disabled - contents now removed from original link
originally located at:http://www.resna.org/taproject/policy/initiatives/privins.htmlKaiser-Permanente HMO Settles Landmark Agreement
The nation's largest nonprofit H.M.O. agreed in April 2001 to revamp all its California health centers and policies to ensure that people with disabilities have access to the full range of health care. The agreement, filed in 2000 against the HMO, will settle a class-action lawsuit, the first of its kind in the nation, on behalf of all its California members with disabilities. The lawsuit argued that Kaiser discriminated against patients with disabilities by giving them inferior medical care. Part of the problem, the lawsuit said, is inaccessible medical equipment, like examination tables that do not lower and scales and mammography machines that cannot be used by people in wheelchairs.
Victa v. Kaiser and Olsen v. Kaiser are pending in the San Francisco Superior Court.
Faces Lawsuit Over Ad Campaign
Cancer patients say HMOs refused proton beam treatment
for historical purposes mirrored at:
Kaiser Members Sue HMO Over Ads.
SAN FRANCISCO (AP, Mar. 17, 1999) - Members of one of the nation's largest HMOs have sued the organization, claiming they were duped by ads that said its doctors weren't influenced by financial concerns. The lawsuit contends Kaiser Permanente and its parent, The Permanente Federation, compromised care with their policies. "Kaiser has gone beyond the pale with its statements here that doctors make decisions based on medical need and there's no fiscal interference," said Jamie Court of the nonprofit Foundation for Taxpayer and Consumer Rights, which filed the proposed class-action lawsuit in Superior Court on Tuesday. The lawsuit contends that Kaiser withheld up to 30% of doctors' salaries and tied physician bonus pay and other compensation to reaching certain profit goals. Kaiser called the allegations "patently false."
Outcome of the suit Over False Advertising
Kaiser settles two lawsuits
Accused of holding back on care, the HMO will post its treatment guidelines.
By Lisa Rapaport -- Bee Staff Writer - (Published January 24, 2003)
Kaiser Permanente agreed to make public the treatment guidelines its physicians follow and to disclose how they get paid as part of a settlement of two lawsuits that accused the HMO of misrepresenting how decisions about patient care were made.