Fresenius Class Action Lawsuit-Like Consolidation for Dialysis Injury Cases
A request has been filed to consolidate all Fresenius dialysis injury lawsuits for coordinated handling as part of an MDL, or multidistrict litigation. If the consolidated proceedings are established, all lawsuits filed in the federal court system will be transferred to one judge where they will be coordinated in a manner similar to a Fresenius class action lawsuit. However, there are important differences between an MDL and a class action.
A growing number of individuals have filed a personal injury or wrongful death lawsuit over problems caused by Fresenius’s recalled Granuflo or Naturalyte dialysis treatments. It is ultimately expected that thousands of individuals will file a lawsuit over a cardiac arrest or heart attack after treatment at a Fresenius dialysis centers or other clinics where Granuflo or Naturalyte were used.
Fresenius Dialysis Injury MDL vs. Class Action
The U.S. Judicial Panel on Multidistrict Litigation is expected to consider the motion to transfer all cases at an upcoming hearing set for March 2013. The initial request proposes that the Fresenius dialysis litigation be centralized in the U.S. District Court for the District of Massachusetts. However, Fresenius Medical Care has not yet responded to the motion and the Panel will ultimately determine the most appropriate transfer venue if an MDL is established.
If the panel does decide to consolidate the cases, they would be managed in a manner similar to a Fresenius class action lawsuit during pretrial litigation to reduce duplicative discovery, avoid conflicting pretrial rulings from different judges and to service the convenience of the parties, witnesses and the courts. However, each lawsuit over complications following the dialysis treatments will remain an individual claim and each plaintiff must still contact a lawyer to establish that their injury was caused by Granuflo or Naturalyte acid concentrates.
Many people commonly confuse an MDL with a class action lawsuit for the Fresenius dialysis treatment injuries, since a large number of similar cases will be coordinated during discovery and pretrial litigation. However, ultimately if a Naturalyte or Granuflo settlement is not reached as part of the MDL, each case may be remanded back to the U.S. District Court where it was originally filed for an individual trial date.
Unlike a class action lawsuit, where all claims are litigated through a class representative, each individual’s dialysis treatment injury must be evaluated separately, as the impact of the cardiac arrest, heart attack or death following dialysis treatment will be different in each case.
FRESENIUS DIALYSIS CLASS ACTION LAWYERS
The Fresenius injury lawyers at Saiontz & Kirk, P.A. represent individuals throughout the United States who are pursuing a claim for themselves or a deceased loved one who experienced severe heart problems that may have been caused by the Fresenius dialysis solutions NaturaLyte and GranuFlo, such as:
- Heart Attack
- Cardiopulmonary Arrest
- Low Blood Pressure
- Sudden Death
All case are handled by our dialysis treatment attorneys on a contingency fee basis, meaning there is no fees unless a recovery is obtained. To review a potential case for you or a family member, request a free consultation and claim evaluation.