Parents Fight HMO over Infant’s Care

By Daniel Hawn

Published on September 23, 2007

After appealing a previous denial of his request, the boy’s father, Dr. James Long, got a superior court judge to rule that Kaiser transfer 7-week-old Andrew Balaka-Long to a neonatal intensive care unit after he said that Kaiser had mishandled his son Andrew’s treatment. However, the order was rescinded later that same day after Kaiser lawyers said that no other local hospital was willing to take the baby.

Andrew was one of a set of triplets born prematurely at the Kaiser facility. After Andrew’s brother and sister both died, Long, a gynecologist not employed by Kaiser, believed that his son could receive better health care elsewhere. An independent medical reviewer agreed, and the order was given to transfer the child.

Though Kaiser disagreed with the assessment, they tried to carry out the order, according to Kaiser officials. Kaiser chief operating officer Tony Mink said other hospitals were unwilling to take in Andrew because they already have waiting lists of children in more dire need than Andrew. Since Kaiser does not have the authority to make them accept the transfer, the superior court judge had to rescind the order.

Long and his wife have nonetheless filed a malpractice suit against Kaiser Permanente for the deaths of the other triplets.

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