Women Denied Epidurals File Class-Action Lawsuit

Eight women who say they were denied or forced to pay cash for anesthesia during childbirth have filed a class-action lawsuit against several Southern California hospitals alleging violations of the state’s consumer protection laws.

The suit claims that several hospitals, including Northridge Hospital Medical Center and the medical group contracted to provide anesthesia services there, have unfair business practices. It says they improperly colluded with doctors and others to set a cash price for epidurals and require women to pay it.

The suit was filed one year to the day after The Times detailed the practice of forcing Medi-Cal recipients to pay cash for epidural anesthesia, said Bruce Fishelman, one of the plaintiffs’ attorneys, in order to ensure that the statute of limitations did not lapse. It was filed in Los Angeles County Superior Court on Monday.

The Times reported that nationwide, certain anesthesiologists were demanding cash from women on public assistance who requested the common pain-relief procedure. By refusing to treat women unless they agreed to be treated outside the federal Medicaid program and paid cash, these doctors believed, they would be able to circumvent what they considered to be low payments from the government.

One of the articles detailed the case of Ozzie Chavez, a West Hills mother who underwent a complicated birth without anesthesia, because the anesthesiologist on call at Northridge Hospital Medical Center refused to treat her without a $400 cash payment.

Since the articles appeared, a state law has been enacted making it illegal to deny pain relief to women in childbirth based on their ability to pay. Also, state officials said the actions of the hospital and others that engaged in such practices were improper, because it is illegal to charge a Medi-Cal patient extra fees. Medi-Cal is California’s version of the federal Medicaid program.

After reports about Chavez’s plight, about 50 women came forward complaining of similar treatment, said Catherine Beatty, Chavez’s attorney.

Andie Bogdan, spokeswoman for Northridge Hospital Medical Center, said hospital officials had not yet seen the suit and could not comment on it.