Borreani v. Kaiser Foundation Hospitals

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS AND REMANDING THE CASE FOR LACK OF SUBJECT MATTER JURISDICTION

RICHARD SEEBORG, District Judge.

I. INTRODUCTION

Following Charles Borreani’s death, his surviving relatives filed suit against Kaiser Foundation Health Plan, Kaiser Foundation Hospitals, and Kaiser Permanente Medical Group (collectively “Kaiser”) alleging they withheld critical information from decedent’s doctors about the safety of prescription drugs Neurontin and gabapentin. Defendants move to dismiss this action in its entirety arguing that all asserted claims are preempted under the…