DaVita Receives Civil Complaint

[okarol]

DaVita Receives Civil Complaint

PR Newswire
August 31, 2007: 09:00 PM EST

EL SEGUNDO, Calif., Aug. 31 /PRNewswire-FirstCall/ -- DaVita Inc. , today announced it received a copy of a civil complaint filed in U.S. District Court for the Central District of California by plaintiff Sheet Metal Workers National Health Fund. The complaint names as defendants Amgen, Inc., Fresenius Medical Care Holdings, Inc. and DaVita Inc. The complaint, which has not yet been served on DaVita, is styled as a request for class action and alleges claims against DaVita relating to the administration and use of Epogen(R). The complaint's principal allegations against DaVita are that Epogen(R) was administered to hemodialysis patients intravenously, as opposed to subcutaneously, and that Epogen(R) was over-utilized.

DaVita administers Epogen(R) only pursuant to a physician's order, and the physician determines both the dosage amount and route of administration of Epogen(R). Also, the FDA-approved package insert for Epogen(R) recommends that Epogen(R) be administered intravenously for patients on hemodialysis. DaVita intends to vigorously defend the plaintiffs' claims and allegations contained in the complaint.

DaVita is a leading provider of dialysis services for patients suffering from chronic kidney failure. DaVita operates and provides administrative services to approximately 1,300 outpatient dialysis centers located in 42 states and the District of Columbia, serving approximately 104,000 patients.

http://money.cnn.com/news/newsfeeds/articles/prnewswire/AQF03531082007-1.htm

[kitkatz]

Mongo, where are you on this issue?

[Mongo]

DaVita administers Epogen(R) only pursuant to a physician's order, and the physician determines both the dosage amount and route of administration of Epogen(R). Also, the FDA-approved package insert for Epogen(R) recommends that Epogen(R) be administered intravenously for patients on hemodialysis. DaVita intends to vigorously defend the plaintiffs' claims and allegations contained in the complaint.

That pretty much sums it up...

Nothing happens in a dialysis center without a doctor's order...EPO is no different. I work with a doctor who forever insisted on giving EPO sub-q...his patients were furious. Depending on the EPO dose, that could be 1 - 4 additional sticks besides accessing the fistula/graft. Many patients refused...and roughly 40-45% of his patients didn't get their full daily EPO dose on a routine basis. FDA approves intravenous administration of EPO so I'll be curious to see what the Sheet Metal Worker's National Health Fund is up to as DaVita hasn't been served yet.

Mongo