Sometimes Okay To Allege Punitive Damages Against Kaiser.

A Kaiser Foundation Hospital refused to perform an MRI despite the recommendation of the patient’s chiropractor, two acupuncturists and Kaiser’s own physical therapy department.  After denying approval for the procedure for three months, it was finally performed and revealed “one of the fastest growing types of osteosarcoma.”  Surgery resulted in loss of the patient’s right leg and portions of the pelvis and spine.  In the patient’s action against Kaiser, it was alleged that Kaiser devised a system that “removes the physicians’ abilities to give medical care which is in the patient’s best interests.”  Defendants brought a motion to strike the punitive damages claim, and plaintiff argued the claims “did not arise out of defendants’ professional medical services, but . . . insurance decisions and practices.”  Plaintiff dismissed the punitive damages claim against Kaiser health care providers only.  The appellate court ruled that CCP §425.13 does not apply to the claims against Kaiser Foundation Health Plan and affirmed the trial court’s denial of the motion to strike.  Kaiser Foundation Health Plan, Inc. v. Sup. Ct. (Anna Rahm)  (Cal. App. Second Dist., Div. 7; February 15, 2012) 203 Cal.App.4th 696, [137 Cal.Rptr.3d 741].