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DaVita Receives Civil Complaint

Saturday, September 1, 2007 General News
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EL SEGUNDO, Calif., Aug. 31 DaVita Inc.(NYSE: DVA), today announced it received a copy of a civil complaint filed inU.S. District Court for the Central District of California by plaintiff SheetMetal 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 classaction and alleges claims against DaVita relating to the administration anduse of Epogen(R). The complaint's principal allegations against DaVita arethat Epogen(R) was administered to hemodialysis patients intravenously, asopposed to subcutaneously, and that Epogen(R) was over-utilized.
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(Logo: http://www.newscom.com/cgi-bin/prnh/20020729/DAVITALOGO)

DaVita administers Epogen(R) only pursuant to a physician's order, and thephysician determines both the dosage amount and route of administration ofEpogen(R). Also, the FDA-approved package insert for Epogen(R) recommends thatEpogen(R) be administered intravenously for patients on hemodialysis. DaVitaintends to vigorously defend the plaintiffs' claims and allegations containedin the complaint.
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DaVita is a leading provider of dialysis services for patients sufferingfrom chronic kidney failure. DaVita operates and provides administrativeservices to approximately 1,300 outpatient dialysis centers located in42 states and the District of Columbia, serving approximately104,000 patients.

SOURCE DaVita Inc.
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