Kaiser Says DePuy ASR Plaintiff Failed to Opt Out of Binding Arbitration Agreement

SAN FRANCISCO — A healthcare provider named as a defendant in a hip implant case has asked a California judge to deny a plaintiff’s bid to avoid binding arbitration, arguing that the requirement to arbitrate the case is enforceable under the Medicare Act and the terms of the plaintiff’s healthcare plan.

In a reply brief filed Aug. 31 in San Francisco Superior Court, Kaiser Foundation Hospitals says that the arbitration clause contained in plaintiff Stuart Glenn’s health care coverage agreement is designed specifically for the types of claims asserted in his complaint.

Additionally, Kaiser maintains that Glenn had an opportunity …