Adding water to a compound used in hemodialysis does not make a clinic operator a “manufacturer” of the solution, a federal judge in Colorado has ruled in tossing part of a putative class action against DaVita Healthcare Partners Inc.
U.S. District Judge R. Brooke Jackson on April 9 said the claim by plaintiffs in the consolidated putative class action “stretches the commonsense and legal definitions of ‘manufacturer’ too far.” But he allowed a handful of claims, including negligence and wrongful death, to proceed in Thornton v. DaVita Healthcare Partners Inc., in the District of Colorado.
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