Lawyers filed a class-action lawsuit against Kaiser Permanente on behalf of patients of the HMO's troubled kidney-transplant program, which shut down in May 2006 amid federal and state investigations. The complaint, filed in San Francisco Superior Court, accuses Kaiser of fraud, negligence and mismanagement in its ability to properly administer the kidney transplant program, which included 2,000 patients in Northern California.
Federal and state health officials are investigating whether patients were harmed after Kaiser launched the program in 2004. An investigation performed by the Los Angeles Times found that patients received half as many transplants at Kaiser than at other kidney transplant programs in the state.
"This is an outrageous example of gross mismanagement at the highest level," said the attorney who filed the lawsuit, in a statement.
When Kaiser began the program, the HMO required all members waiting for a kidney transplant to switch to the new program from the University of California, San Francisco and the University of California, Davis, where they were previously receiving care.
However, bungled paperwork may have cost some patients time on the waiting list for a kidney match, delaying transplants. Patients also reported that Kaiser was unresponsive to their needs.
"It is clear that Kaiser patients did not receive proper medical care and kidney transplants were delayed," said the lead attorney, who is also representing transplant patients in litigation against the University of California, Irvine Medical Center.
The class-action lawsuit is the latest in a series of legal actions filed against Kaiser since its transplant program came under scrutiny.