DENVER, June 27, 2018 /PRNewswire/ -- DaVita Inc. (NYSE:
DVA) provided the following statement relating to a jury verdict
issued in the Menchaca v. DaVita Inc., Saldana v. DaVita Inc. and
Hardin v. DaVita Inc. matters, Case No. 1:15-cv-02106-RBJ.
The following is attributable to DaVita Inc.
We strongly disagree with this jury's verdict and will
vigorously pursue all appeal rights.
- GranuFlo is an FDA-approved product that has been in continuous
use for more than 25 years. The issues raised regarding its
alleged negative clinical side effects have been debunked and
nephrologists use it daily for their patients. The plaintiffs
in this case did not even claim that the product itself was
dangerous.
- The facts in the trial contradict the allegations upon which
this verdict is premised. There was substantial evidence that
the GranuFlo product is safe and effective, and no evidence that we
or the manufacturer of GranuFlo hid any data contradicting its
safety or effectiveness.
- Multiple grounds exist to eliminate, or significantly reduce,
the damages award so as to eliminate any material financial
responsibility. The punitive damage awards for each of the
three plaintiffs dramatically exceeds the limits imposed under the
applicable state laws in California and Illinois, as well those set forth by the
United States Supreme Court, relative to the size of the
compensatory damage awards. The punitive damages award in
this case are over 44 times greater than the compensatory
damages.
Our first priority is the safety of our patients. Our clinical
outcomes - among the best in the industry - demonstrate our
commitment to providing the highest level of care. We
will pursue any and all avenues of appeal to overcome this unjust
verdict and believe today's verdict is unlikely to stand.
Cautionary Statement Regarding Forward-Looking
Statements
This press release contains statements that are
forward-looking statements within the meaning of Section 27A of the
Securities Act of 1933, as amended, and Section 21E of the
Securities Exchange Act of 1934, as amended. DaVita intends these
forward-looking statements to be covered by the safe harbor
provisions for such statements. All statements that do not concern
historical facts are forward-looking statements and include, among
other things, statements about our expectations, beliefs and/or
intentions for the future such as statements that we will pursue
all appeal rights, grounds that exist to eliminate, or
significantly reduce, the damages award, and the likelihood that
the verdict will stand. These statements can sometimes be
identified by the use of forward-looking words such as "may,"
"believe," "will," "should," "could," "would," "expect,"
"anticipate," "plan," "continue," "seek," or "intend" or other
similar words or expressions of the negative thereof. These
statements involve substantial known and unknown risks and
uncertainties that could cause DaVita's actual plans and future
events to differ materially from those expressed or implied in the
forward-looking statements, including, but not limited to the risks
and uncertainties associated with the outcome of litigation,
including any appeals of this matter, the timing of resolution or
ultimate losses; and the risk factors set forth in DaVita's filings
with the U.S. Securities and Exchange Commission ("SEC"), including
its Annual Report filed on Form 10-K for the year ended
December 31, 2017, its Quarterly
Report filed on Form 10-Q for the quarter ended March 31, 2018 and subsequent reports filed with
the SEC. These forward-looking statements should be considered in
light of these risks and uncertainties. DaVita bases its
forward-looking statements on information currently available to it
at the time of this report and undertakes no obligation to update
or revise any forward-looking statements, whether as a result of
changes in underlying circumstances, new information, future events
or otherwise.
DaVita Inc., a Fortune 500® company, is the parent company of
DaVita Kidney Care and DaVita
Medical Group. DaVita Kidney Care is
a leading provider of kidney care in the
United States, delivering dialysis services to patients with
chronic kidney failure and end stage renal disease. As of
March 31, 2018, DaVita Kidney Care operated or provided
administrative services at 2,539 outpatient dialysis centers
located in the United States
serving approximately 198,000 patients. The company also operated
241 outpatient dialysis centers located in 10 countries outside
the United States. DaVita Medical
Group manages and operates medical groups and affiliated physician
networks in California,
Colorado, Florida, Nevada, New
Mexico and Washington in
its pursuit to deliver excellent-quality health care in a dignified
and compassionate manner. DaVita Medical Group's teammates,
employed clinicians and affiliated clinicians provided care for
approximately 1.7 million patients. For more information, please
visit DaVita.com/About.
Contact Information
Media:
Kate Stabrawa
Kate.stabrawa@davita.com
303-876-7527
View original content with
multimedia:http://www.prnewswire.com/news-releases/davita-response-to-legal-ruling-300673789.html
SOURCE DaVita Inc.