Calif. Plaintiff Opposes Kaiser Motion to Force Arbitration of DePuy Hip Claim

SAN FRANCISCO — A California man who is a member of Kaiser Permanente’s Medicare Health Plan has filed court papers challenging an affiliated hospital’s motion to compel arbitration of his DePuy ASR XL hip implant products liability case.

In an opposition brief filed in San Francisco County Superior Court, the 68-year-old plaintiff says that he has no recollection of ever entering into or negotiating an arbitration agreement with Kaiser Foundation Hospital, which he named as a defendant in his hip implant claim. The plaintiff further contends that even if the arbitration provision is valid, it is applicable only to malpractice …