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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!