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Fresenius Litigation Update

Question:

What is the Status of the Naturalyte and Granuflo Litigation Over Fresenius Dialysis Treatments?

ANSWER:

In the months since Fresenius Medical Care first issued public warnings about the risk of cardiac arrest and heart problems from Granuflo and Naturalyte dialysis treatments, dozens of lawsuits have been filed in courts throughout the United States. However, the Fresenius dialysis litigation remains in the very early stages.

It is widely expected that hundreds, if not thousand of lawsuits will be filed on behalf of individuals who suffered a severe heart injury after hemodialysis treatment where Granuflo or Naturalyte were used, including Fresenius wrongful death lawsuits brought on behalf of patients who died from side effects of the dialysis injections.

As of late March 2013, at least 119 Fresenius lawsuits over Granuflo or Naturalyte have been filed in U.S. District Courts throughout the United States. However, most of the individuals who experienced injuries remain unaware of the litigation, and the number of complaints is expected to sharply increase throughout 2013.

Fresenius Dialysis Treatment Multidistrict Litigation (MDL)

Injury Lawyers

Have You or a Loved One Qualify Suffered an Injury after Granuflo or Naturalyte Dialysis Treatments?

REVIEW A CASE

The U.S. Judicial Panel on Multidistrict Litigation has consolidated the Naturalyte and Granuflo litigation as part an MDL, or multidistrict litigation. Lawsuits filed in U.S. District Courts throughout the country have been centralized before U.S. District Judge Douglas P. Woodlock in the District of Massachusetts for coordinated handling during pretrial litigation and early bellwether trials.

While many people mistake this process as a Fresenius dialysis treatment class action, each lawsuit in the litigation will remain an individual claim, where the plaintiff’s lawyer must establish that the claimed injury was caused by side effects of Granuflo or Naturalyte.

According to allegations raised in litigation, Granuflo and Naturalyte convert to bicarbonate at higher levels than other similar dialysis solutions. As a result of improper warnings and instructions provided by Fresenius, thousands of individuals likely suffered a heart attack, cardiac arrest or sudden death when their bicarbonate levels were increased beyond what was intended or prescribed by the doctor.

Because the impact of each dialysis injury from Granuflo or Naturalyte that is part of the Fresenius litigation will be different, it is not possible for a large number of cases to be litigated through one class representative, as would be the case in a class action lawsuit for Granuflo or Naturalyte.

As part of the Fresenius dialysis MDL, the court will coordinate discovery and likely schedule a series of early trial dates, known as “bellwether” cases, which are designed to help the parties gauge how juries are likely to respond to certain evidence and testimony that will be offered throughout the litigation.

If a Fresenius settlement for Granuflo and Naturalyte injuries is not reached following pretrial proceedings, each case may be remanded back to the court where it was originally filed for a separate trial date.

Find Out If You or a Loved One Qualify for the Naturalyte and Granuflo Dialysis Treatment Litigation

Many individuals are unaware whether an injury suffered by themselves or a family member may have been caused by Granuflo or Naturalyte

The product liability lawyers at Saiontz & Kirk, P.A. are providing free consultations and claim evaluations to help individuals determine if financial compensation may be available. If it is determined that you or a family member may have suffered an injury from Granuflo or Naturalyte, it is your decision whether to join the Fresenius litigation.

CONTACT OUR LAWYERS ABOUT A FRESENIUS CASE

UPDATED: April 1st, 2013 by Austin Kirk

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