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Fresenius Dialysis Treatment Lawsuit

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Fresenius Medical Care may have withheld important information about the potential side effects of NaturaLyte and GranuFlo acid concentrate drugs for dialysis treatment, which may have caused thousands of people to suffer:

  • Cardiac Arrest
  • Heart Attack
  • Sudden Death

STATUS OF FRESENIUS DIALYSIS LAWSUITS: These lawsuits are no longer being reviewed after Fresenius agreed to a $250 million settlement agreement to resolve the litigation.

>>SUBMIT INFO TO A LAWYER ABOUT A DIALYSIS INJURY<<

OVERVIEW: Granuflo dry acid concentrate and NaturaLyte liquid concentrate are used during dialysis treatment together with a bicarbonate buffer to help clean the blood for individuals suffering kidney or renal impairment.

These products are manufactured by Fresenius Medical Care, which operates thousands of dialysis clinics throughout the United States and also sells equipment and medications used at most other dialysis centers, including DaVita Dialysis Clinics, DCR, Renal Ventures and others.

Before 2012, individuals may have faced a serious risk of suffering a sudden heart attacks and cardiac arrest during dialysis treatment with Granuflo and NaturaLyte, due to Fresenius Medical Care’s failure to provide adequate warnings and instructions with their product.

Granuflo and NaturaLyte contain sodium acetate, which is converted into bicarbonate by the body during and shortly after dialysis treatment. However, the manufacturer failed to warn physicians that these products contain higher levels of acetate than most other dialysis treatment products, requiring physicians to carefully monitor and change bicarbonate buffers administered with Granuflo or NaturaLyte, to avoid a risk of cardiopulmonary arrest and sudden death from heart problems.

LAWSUITS OVER FRESENIUS DIALYSIS TREATMENTS: A number of families throughout the United States filed claims after their loved ones died or suffered a catastrophic heart injury during or within 48 hours after dialysis treatment.

According to allegations raised in Fresenius dialysis treatment lawsuits:

  • Fresenius Medical Care negligently manufactured and sold unreasonably defective products
  • Granuflo and NaturaLyte were insufficiently tested and unsafe as designed
  • Inadequate warnings and instructions were provided with Granuflo and NaturaLyte, which did not fully inform the medical community about the nature and extent of the risk of heart attack, cardiac arrest, sudden cardiac death and other health problems
  • Even after Fresenius Medical Care knew or should have known about the problems with Granuflo and NaturaLyte, they continued to sell the products and attempted to convert clinics to use of the products by offering pricing discounts and packaging Granuflo and NaturaLyte with other dialysis products
  • Fresenius Medical Care provided critical information about the risk of heart attacks and death from Granuflo and NaturaLyte to doctor’s at their own clinics before warning other dialysis centers that used their products
  • Information was withheld in an attempt to maintain Fresenius Medical Care’s market share and maximize profits, at the expense of the safety of dialysis patients receiving their products

FRESENIUS DIALYSIS TREATMENT PROBLEMS: According to an internal review of patients treated at Fresenius Medical Care clinics during 2010, there were at least 941 cases where patients suffered a sudden cardiopulmonary arrest at the dialysis center.

In November 2011, Fresenius Medical Care issued an internal memo to their own physicians warning about the potential concerns associated with Granuflo and NaturaLyte, and highlighting that bicarbonate buffers should be regularly monitored and adjusted to reduce the risk of heart attack, cardiac arrest and death. This same information was not provided to other clinics that used Granuflo and NaturaLyte.

In March 2012, after receiving an inquiry from the FDA about the internal memo, Fresenius Medical Care issued an alert to other dialysis clinics that may use their Granuflo or NatruaLyte products during hemodialysis treatment.

In May 2012, the FDA warned about the risk of hemodialysis dosing problems with NaturaLyte Liquid and Granuflo Acid Concentrate, indicating that these products can raise bicarbonate levels in patients going through dialysis treatments, causing a condition known as metabolic alkalosis, which can increase the risk of heart attack, cardiac arrest, stroke, low blood pressure and death.

In June 2012, it was reported that Fresenius dialysis problems have resulted in an FDA investigation, examining whether the manufacturer of Granuflo and NaturaLyte failed to adequately warn doctors that the products could cause heart attacks and other serious injuries during hemodialysis.

In February 2016, Fresenius proposed a $250 million settlement agreement that is expected to be accepted and funded by August 2016.


549 comments

  1. Debbie Reply

    So my attorneys are probably right when they said disbursements will be made next year. We can Expect that July Deadline to be extended also. My attorney figures it willl settle by the end of this year and disbursements will be made next year. Anyone hear anything different from their attorneys?

  2. Joe Reply

    My lawyer is on the steering committee.So all information comes to him first. Like I told everyone after May 31st or into the summer. Those are the accurate dates. Here is A definition of steering committee.
    steer·ing com·mit·tee
    ˈsti(ə)riNG kəˌmidē/
    noun
    a committee that decides on the priorities or order of business of an organization and manages the general course of its operations.

    I have the list of MDL cases pending from 2015 and there is absolutely no more Activity in any of the cases. I have not went through all cases but I went through the majority of them and there is no more activity meaning They have decided what they’re going to do.

  3. Debbra Reply

    These extensions are pure torture. Please show us a little kindness and end our suffering. This just exacerbates our grief….please, please, please…end this.

  4. Alexandria Reply

    So Joe when you say, “they have decided what they are going to do.” Does that mean for the people that have Opt in? Because I figure that the Opt in info should have made to the “Settlement Special Master,” who would then look through each individual Opt in case and asign points to each case that meet whatever qualifications. Put each case in whatever Catogery they fall in or throw them out. I might be getting ahead of myself, just wondering what they are doing now. I use to read the info on Nephrology website however, once all the childish name calling began, I wanted no part of that.

  5. orion Reply

    We have been mislead into this MDL2428 by a cleaver method know to lawyers and practiced by big DRUG. Floks dont hold your hopes high any more. This is a standard practice by MDL and big drug companies. No compensation for your losses. Sorry

  6. OLIVE Reply

    joe since your lawyers are on the steering committee do they have any real belief that fresenius is going to actually settle.im just so confused at this point

  7. MAGNOLIA Reply

    I NEED TO KNOW HOW DO I PUT A CLAIM IN BE ON DIALYSIS 30 yrs AND THEY USED THIS ITEM AT MY UNIT FOR YEARS SO CAN SOMEONE HELP ME WITH A CLAIM THANKS

  8. Elle Reply

    Debbie, I think u have to have a heart to care and be kind. Those two things are not part of this process

  9. Debra Reply

    This is the reply I got back from my attorney:
    “The settlement trigger remains open-ended at this time until Plaintiffs can cure deficiencies with opt-in documents (none from our firm) and clear up remaining issues with cases that involving plaintiffs that filed cases with multiple firms (dual representation cases). These issues will need to be resolved so that the Plaintiffs’ can reach the required 97% opt-in rate. Defense will likely not trigger the settlement until these two issues are fully resolved. We will do our best to keep you informed of the progress. Thank you.”

    Looks like this is going to take forever. Why would people file with multiple attoneys?

  10. Anthony Reply

    People take the money or opt-in.the some money we can get today will be the same if we wait 2 years from now.we lost from day one!! can’t you see that. Out of 10.000 ceases you telling me they couldnt find one case that fit the criteria to win. Instead they went to court with a case that couldn’t Win.now you see we was sold out.

  11. Joe Reply

    Alexandria ,
    When I say they know what they are going to do already ,I mean approve or deny the settlement in general. You are correct if and when the settlement is approved supporting documents Will have to be submitted to the claims administrator for claims verification. That is what i was told by my lawyer. I believe the claims administrator has already given a point value to each Claim in category 1. However supporting documents will need to be sent in to make sure that the documents support his decision .

    They have not told any lawyers what point value they have because it is not official and it very well could change if the supporting documents are incorrect or inaccurate.

    My lawyer gave a very broad timeline, after May 31 and into the summer before anyone would know anything about how many people per category.

    Some people were wondering about the bellwether trials. There was a settlement so unless the settlement is voided there will be no more bellwether trials. All cases that still exist Will be remanded back to the State court that they filed in. There were 2 so called bellwether trials one was in state court and 1 was for the people that did not opt-in the first one in state court was not really lost the jury found Fresenius guilty of improper labeling but were found not guilty for the Drug causing the death of the patient so no punitive damages were awarded. As you probably know The Second only official bellwether trial was for the people that did not opt-in those people we’re on
    Naturalyte not Granuflo and that trial was lost. The verdict is being appealed though so that could be what they are waiting for before they approve the settlement.

  12. Joe Reply

    Debra,what your lawyer told you is completely true.There was a motion for summary judgment by Fresenius on a certain number of cases Here is Fresenius Motion to the stay

    Thursday, June 01, 2017
    69 respm Response to Motion Thu 5:06 PM
    RESPONSE to Motion re67 MOTION to Stay Trial Pending Resolution of the Appeal in the Related Dial Case filed by Fresenius Medical Care Holdings, Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc

    Here is the judges orders to the motion to stay.

    Friday, June 02, 2017
    71 order Order on Motion for Extension of Time to File Response/Reply Fri 4:34 PM
    Judge Douglas P. Woodlock: ORDER granting68 Plaintiff’s Motion for Extension of Time to Respond to Defendant’s Motion for Summary Judgment. Plaintiff shall file such opposition no later than June 23, 2017. (Beatty, Barbara)
    70 order Order on Motion to Stay Fri 4:30 PM
    Judge Douglas P. Woodlock: ORDER denying67 Plaintiff’s Motion to Stay Trial Pending Resolution of the Appeal in the Related Dial Case.

  13. Laurie Reply

    This is what my lawyer told me on May17th…

    I’m sure it will come as no surprise to you, but there was another extension in the Fresenius cases. There are so many possible dismissals in front of the Judge and he is granting hearings on most of them so it is taking him a long time to get through the case load. He requested an additional month, but honestly, I think it may take a bit longer. We are hoping to have some sort of resolution by the end of June. Fingers crossed!

    And I truly appreciate your patience and kind words. This litigation has been going on for so long that I can certainly understand how some people are losing their patience.

  14. Debbie Reply

    I do have a heart, but this has become a major thorn in our sides. Like I said, due to all the stipulations and what Debra said above, this case, my attorney said, will probably settle the end of this year or next year. But my attorney said that is if Fresenius decides to move forward in settling. As you can see, we have all seen, these dates keep getting extended when the 97 percent was supposed to be achieved last summer. This is true about if Fresenius decides to accept, they will then have to access each individual case to assign them points. That’s a process. And thats the first process of many. So we are really looking at next year for the disbursements if any. It’s already well into June so that’s just another 6 months. My attorney also said this wait is ridiculous he’s never seen anything like it. I talk to him once a month.

  15. Ellen Reply

    MDL cases are an avenue for plaintiffs lawyers to expand the criteria for inclusion of any case at start. It seems that the time spent once the is filed is to rid the MDL of cases that r questionable n week out plaintiffs that may not have meet the guidelines originally. Reducing the cases down to a. Umber that may not have warranted an MDL originally. Is it possible that it would b handled differently from the start. How many cases warrant MDL representation. Should cases be considered individually at start instead of everyone being filed n then dismissed by large law firms. Who is responsible for this approach?

  16. Joe Reply

    OLIVE , I am pretty sure my lawyers believe the settlement is going to be reached as in the 97% he said we are very close now. If he did not think the call meant was going to be approved he would’ve said it doesn’t look good. He did not say that so I believe it’s going to be approved they have big corporations that are involved in this MDL settlement one is Blue Cross Blue Shield the other one is Mississippi the state of. They would lose more going to trail on those two cases alone.

  17. Alexandria Reply

    Thanks, for the response, Joe. I Opt in when they first sent the Opt in letters out. I remember reading on the Nephrology website, where one person would call you an idiot for Optting in. I honestly where scared that I was doing the wrong thing, tell this day, I still have doubt. Joe, I would read your comments on Nephrology website and I don’t think you ever called people idiots for Optting in. You let people make their own decisions, so I trust that you believe your Lawyers and they tell you what you need to know. On the other hand, my Lawyer, would be mad if they knew I was on here asking question. They told me to Opt in, this is it. The one thing I know, no amount of money would bring my Papa back. I can’t wait tell this is over. I know you mention your Lawyers, believing the settlement would be reach. My Lawyer feels the same way however, I feel this lawsuit will go on for another 2 years, I hope I’m wrong but, who knows. Anyway, thanks Joe, be blessed.

  18. mona Reply

    Joe; How sure are you that checks will be mailed after Septemember 22.

  19. Elle Reply

    Some of us know more than others abt how these cases work. So why is this defendant allowed to make the first level of criteria.. i.e., who has been damaged and how damaged? 2. Based on the memo stating that there was definitely a problem w granuflo shpd in concentrated form to be cost effective. 3. Apparently 941 deaths occurred after this change. 4. Knowledge of the situation. 4. No change in distribution. 5. Medical information n awareness by medical staff fully disclosed to public. 6. More people affected by stroke, afib, cardiac arrest. 7. Clinics not acknowledging Zoe changing administration of solution. 8. Continued health problems, most likely due to already existing physically conditions. 9. No change at clinical level, no change to patient care. 10. Lawyers advertising information for clients. So when did the lawyers find this out..?? They spend lots on advertising to swell their client base so they r more powerful. Repeat MDL law firms represent 12000 cases, and have meetings w defendants, not made public to the clients represented by plaintiff attorneys. These plaintiff representative law firms agree to the terms set forth by the defendants. They then know how much their fees will be and how they will weed out the superficial claims they invited in. They have gone about weeding and dismissing the very same cases that made them strong from the start and gave them the negotiating power from which they accepted this unacceptable agreement… and they continue.no objection to anything that is in favor Of the defendants .. the defendants have been and continue to be in control… what are the rights of the Plaintiffs that we don’t seem to be knowledgeable or informed about. Many people have suffered but few will be made whole again due to a very powerful adversary. I realize this is philosophical , however, are we lambs not to have any legal voice within our justice system. Is anyone truly representing us ?

  20. Joe Reply

    I understand that Mississippi was supposedly remanded back to state court. But when looking at the main docket the Attorney General Of The State Of Mississippi is still a party in this lawsuit.

  21. Arthue Reply

    Fellow plaintiffs on this blog. This article I am about to mention concerns us all. It was written in May of 2012 concerning the use of Granuflo at Fresenius and Davita Clinics. Allnurses.com is the website. The title is Fresenius–Granuflo–were patients harmed? It pretty much hits our plight and what we are all going through. Also there are about 15 comments given by the nursing staff at Fresnius during when all this fiasco was going on. I think it sheds more light on our situation. Please read.

  22. Elle Reply

    Joe… any information on how many cases from Mississippi? Why would any cases be returned to the state, at this time? How can they withdraw from the MDL?

  23. Joe Reply

    Elle,some of the cases that have not opted in are being remanded to state court for trails. Believe me there are cases that are going to trial they may not have gotten the date yet for trial but they they will be gone. I know the people that complied with the loan pine order. Were offered A stipulation of dismissal. If they denied that offer the likelihood is they will be going to court. I am sure on here there are A few people going to court but are simply not talking about it. If you believe out of all cases that did not opt in none of them are going to trial that’s simply not true.

  24. JohnB Reply

    There is no reason to halt the bellwether trials as previously stated. I beleive that they will continue and that they are not part of an aweful settlement agreeded upon by those who representative in the MDL 2428. Ask why the lawyer group agreeded to this settlement without consulting us?

  25. Debbie Reply

    That’s exactly what I am saying. Why would our lawyers agree to such a low settlement of $250 mil when The Pradaxa lawsuit just settled for $600 mil and we lost our loved ones too? They should be fighting on our behalf to come up with a decent settlement amount that’s not insulting. Nobody should have to go through what my father endured with their haphazardly administration of that drug that killed him. Something stinks here.

  26. gladia Reply

    i talked to my lawyer and he said that we going toward the claims administrator process. he said it should take 35 days to get everything set up with him/her. has anyone else got this info?

  27. Judy Reply

    Gladia, so I assume they almost at the 97% , we know the claims administration is the next process.

  28. gladia Reply

    that’s what i’m assuming. i just called for an ”update” and that’s what the paralegal told me. i’m just wondering if anyone else was told this. i’ve seen a few people get conflicting information from their lawyers before so i wasn’t sure if anyone else got the same information

  29. Debbie Reply

    Can you all ask your attorneys why they came up with such a low settlement for the loss of our loved ones from Fresenius that has made billions of dollars over the years from billing Medicaid, Medicare and all the other insurance companies for dialysis treatments? Fresenius alone makes a profit of ($1,000,000,000) One Billion dollars a year. All true. Look it up.

  30. Troy Reply

    Thanks Joe For The Information About The 1-4Critterias .IHave AnPaper With Only 3. With an paper marked confidential on It.So If You Don’t Read The Other 7pages which explains everything you would not know about the 4th.So IFired Him anConflict of interest.He Tried to look out For Himself,wife.MarchThe15recievedAnTextFromHim .Talk16th He Said point blank IHave to give an affidavit for new lawyer on case and The Judge says you have to opt in or dismiss your case.While on speaker phone we all heard that.My Sister Said Put It In Writing he said ohh not in office at the time.He never gave It to me at all another lie.Do The Math People 250 Million Out Of The People who have opt in.They 4th criteria For People who have lived through Stroke,Coma,Any Health Problems.Like Me plus Brain Surgery.know have congestive heart failure.FromThis Produce and still have to go to Dialysis.You have to have an perfect bill of health to be put on transplant list.Thanks to them IDont have perfect health..I will tell you the truth look out for your best interest

  31. Michele Reply

    This is an email I got from my attorney this morning. The march to 97% continues. Just this morning the judge entered an order dismissing a bunch of cases for individuals who had multiple filed cases.

  32. Joe Reply

    Troy , before you could have been put in category 4 you first would have been put in category 1 then the claims administrator would have moved your claim to category 4. Somehow you did not qualify for category one therefore you could not be moved to category 4. I have been looking over the hearing documents and at The hearing,
    Fresenius had doctors and scientific proof. Stating after 4 hours the drug is out of the body’s system. Are lawyers said that is not true,everyones metabolic rate is different and in one person the drug may metabolize differently due to weight,size,liver function,Etc. Both sides agreed that after 24 hours no matter how your body metabolized the drug,it would be out of the body within 24 hours. So that’s how you get the 24 hour timeframe for the settlement guidelines. That’s why the closer to death after use the higher the add on amount.

  33. Joe Reply

    Some people are saying 35 days. Not sure what that means, 35 days from what date. There is still court activity. I know at least until July 6 cases are still open.

    Thursday, June 15, 2017
    1891 order Order Thu 2:53 PM
    Judge Douglas P. Woodlock: ELECTRONIC PROCEDURAL ORDER – In light of the Defendant FMCNA’s Second Omnibus Motion (ECF# 1890) to Dismiss following the failure of the plaintiffs in the 33 cases identified therein to properly comply with Case Management Order No.17 (ECF# 1825), the Clerk is directed to enter a Judgment of Dismissal with Prejudice on July 6, 2017, in each such case in the absence of further order of this court for good cause shown. (Gioia, AnaMaria)

  34. Terrisa Reply

    I’ve heard so many different comments regarding the Granuflo case and the settlement; It seems that all of the attorneys are telling their clients something different. I’m at the point that I don’t know who to believe. I’m not going to assume anything about this case and post it on here. We all are looking for facts. If you have any facts at all please let others know.

  35. Debbie Reply

    Troy I feel so bad for you. It seems you had a dishonest lawyer that took advantage of you, the kind that give other lawyers a bad name. Hopefully you will get justice with a new lawyer. Don’t give up and keep pursuing your case until you reach the settlement you deserve, even if you have to have a patient advocate to help you. Good Luck and God Bless You.

  36. joe Reply

    joe honestly i’m not 100% sure which is why i was wondering if anyone got the same update because people since the beginning has had conflicting info. just got an update from my lawyer saying 35 days til we go to the process toward the claims administrator. has anyone to your knowledge gotten this info also?

  37. Joe Reply

    Monday, June 19, 2017
    1893 notice Notice – Other Mon 4:45 PM
    NOTICE by Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care North America, Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc. Defendants’ List of Potential Summary Judgment Motions for Remaining Cases(Durant, Maria)

  38. Judy Reply

    Joe thank you for all of the information that you post, it’s so helpful and brings clarity to some things

  39. Troy Reply

    Joe IDid Meet 24 Criteria. Then Lawyer Tried to give me An Piece of paper with no letterhead on it at all.All I Wanted is enough to get an house an car to travel back and forth to Dialysis.Know me and family may have to move because of fire damage to our home.I guess I didn’t play the lawyers way so be it.Looking for new lawyer.

  40. Debra Reply

    Joe you mentioned a list. Do we know how many cases are making up the 97% yet? No word since I was told that the settlement trigger remains open-ended at this time.

  41. gladia Reply

    oops i’m sorry i put the wrong name in the name box. i posted that comment that said joe posted on june 19th!

  42. Joe Reply

    Troy, something is not adding up. Are you saying you had the cardiac arrest between the dates of April 1,2002 and December 31,2012 and within 24hr of your last treatment with Granuflo ? I don’t no but i think
    Naturalyte may have been used for you treatment. The criteria is different for Naturalyte that criteria is the same as Granuflo but this must have happened cardiac arrest must have accrued within 12 hours of your last treatment with Naturalyte, also your predialysis bloodwork would have had to been of a certain level and The bicarbonate prescription also had to be of a certain level so it was more like a Granuflo exposure. That is the criteria for a settlement for Naturalyte.

  43. JohnB Reply

    Notice means notice of intent to “file a motion(s) before the Judge to rule on a list of Plantiffs for potential summary judgement motions on remaining cases” Not sure this makes much sense and really ask more questions than is helpful. How many cases, what about those cases that are not dismissed, when is the time table for this motion(s), what is relevance to the disposition of MDL 2428 our lawsuit. We need facts about the lawsuit,,, like what is the present status. We are being lead on by all this leagalize bs and we are no further along to resolution than last month, last year.

  44. Chelsea Reply

    My loved ones wife lives in Mississippi and she has already gotten one disbursement. Anyone else?

  45. Laurie Reply

    I have not heard a word from my attorneys on any of this! No one is keeping us updated but Joe! Maybe he should get a share in our disbursements if we ever get them!

    This has been so long now and I believe most of us have had it with the courts and the attorneys! Someone somewhere needs to inform us all on WHAT IS GOING ON!

    Chelsea, We have not seen disbursements here in Massachusetts.

  46. Alexandria Reply

    Everyone seem to get different info. My lawyer sent an update letter stating, 12,000 cases filed in GranuFlo litigation. Of those 8,000 opt in, most of the remainders have been dismissed or in the process of being dismissed. A small number of cases, fewer than 200 have chose to opt out of settlement and go to court. I read that the settlement can be triggered when roughly 360 cases are counted for. In the MDL, the judge dismissed almost all cases that did not opt in and did not submit to the Lone Pine expert report and proof of product identification. There are small set of cases not yet dismissed that the courts are reviewing due to pending motions or other issues, hopefully those will be resolved this month.

    In Mass. state court, the Lone Pine dismissals have not yet been entered. Approximately, 1,000 cases will be docketed as dismissed w/ prejudice in the coming weeks. Hopefully, with the dismissals of duplicate cases (two law firms unknownly representing the same clients), and the cases with incomplete paperwork. GranuFlo leadership will be able to trigger the settlement in short order. The dismissals should enter on the Mass state and MDL dockets around the first week of July. There is still uncertainty on timing because the curing of the deficient class in the hands of other plaintiffs and their attorneys.

    On the settlement triggers, Fresenius will provide the settlement funds to the administrator within 35 days. However, some law firms will still need to upload documents evidencing settlement eligibility, resolve medical liens, and prepare disbursement before any settlement funds can be distributed. This will take some time. At this juncture, we estimate that we will distribute the settlement funds in the first or second quarter of 2018.
    Sorry long comment. I think some of this was already stated by people on here. This is what my “update,” letter stated. Every law firm is different and will give different info. I hope this helps. Be blessed.

  47. Debbie Reply

    You are right JohnB. Joe, seems to know a lot about this case and Is reporting on this case when there is new information posted, and I, until this day have no idea what any of it means. What is posted is in legal termination citing dates and times that I just dont understand. Perhaps Joe can post what he found regarding the case like he does, and then after that put an explanation of what it all means in laymens terms so we can all understand what has taken place. That would be very helpful. I haven’t had much luck when I go online and try to find anything out about this case and My lawyer just said the case is still lingering waiting for the 97 percent to trigger the settlement which seems like it’s going to take forever with all the extensions. I went on law 360 and you have to register for it and be in the legal field to get any information.

  48. Joe Reply

    The notice of motion for summary judgment. Is a notice stating they filed a motion for summary judgment. It’s simply a fact of law. Most likely those cases are the ones that have not opted-in and basically there is no need for them to go to trial, because the judgment would most likely be for the defendants or person filing for the summary judgment. I don’t know if you can understand that. Here is a definition of motion for summary judgment.
    “A motion for summary judgment(sometimes called an “MSJ”) is a request for the court to rule that the other party has no case, because there are no facts at issue. The party making the motion is claiming that either the case should not go before a jury at all, or a jury could only rule in favor of the moving party.”

    As for the person stating someone in Mississippi already received one disbursement check. Don’t give me that crap. This is not a structured settlement. There are no disbursements of multiple pay outs you get one check and that’s it, this is not a structured settlement.

  49. Debbie Reply

    Just talked to my attorney who is also on the steering committee also and he has confirmed absolutely no disbursements are going out this year, so plan on 2018 folks! The Timetable, they hope, will be in July of this year to trigger the settlement. They are STILL trying to achieve the 97 percent opt-in. That could be extended again. Then the claims administrator will go through each file individually and will decide if your case qualifies for the lawsuit (although they have a pretty good idea who would qualify at this point). Then, if your case does qualify, many other steps are taken from that point. Too many to go into detail. Also, They have the right to challenge your case if they choose. Like I said before, disbursements, if your case qualifies, will be in 2018. Let us know if your attorneys have said anything different. Tell them to be perfectly honest with you instead of an educated guess. Also, Out of the 12,000 that filed, there may be 3,000-5,000 that actually will qualify.

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