DaVita Ducks Manufacturing Claims Over Dialysis Products
By Kira Lerner (April 10, 2014, 1:35 PM EDT) -- A Colorado federal judge on Wednesday largely trimmed a consolidated putative class action accusing DaVita HealthCare Partners Inc. of failing to warn customers about the dangers of two dialysis products, ruling that the treatment chain's practice of reconstituting powder compounds doesn't qualify it as a manufacturer of the products.
U.S. District Judge R. Brooke Jackson dismissed strict liability, breach of warranty and product liability claims against outpatient dialysis treatment chain DaVita, which administered the products linked to strokes and heart attacks. While ruling that DaVita isn't liable for the injuries as a manufacturer, Judge Jackson upheld negligence and other claims based...
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