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legalstuff.kaiserpapers.org

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Appendix 2: U.S. District Judge Means’ Unpublished Opinion in White v. Kaiser
Appendix 3: U.S. District Judge Fitzwater's Unpublished Opinion in Ravenell v. Kaiser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Complaint and U.S. District Judge Means’ Unpublished Order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 Sitelegalstuff.kaiserpapers.org/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 Sitelegalstuff.kaiserpapers.org/heart/tex2116.html

Estate of Henderson v.Kaiser PermanenteMisdiagnosis at ER resulting in patients death
http://legalstuff.kaiserpapers.org/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 Sitelegalstuff.kaiserpapers.org/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
http://legalstuff.kaiserpapers.org/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



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