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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.


996 comments

  1. Joe Reply

    Thanks Debra, you mean they are going to divide your points by the total points in the Granuflo fund then divide that by 220 million. This is just a example So if there are 40,000 points total for everyone you have 100 points. So they would Divide that 100 point by 40,000 Leaving you with 400 base points. Then that 400 base point would be divided by 220 million?

    I am just going to ignore you Tommy.

  2. Arthur Reply

    Since we are in the liens subject from prior comments. I was told by my lawyers that a private independent company was doing the lien surchases. I have a couple questions to go with this subject. Wouldn’t a person know by either letters or collection notices that you or your siblings receive letters trying to collect a past debt. Now I always get confused with medical or Medicare insurance. I know one of them is public assistance for those who can’t afford regular insurance. My Father had insurance through his Union Retirement Pension
    He had 80/20 insurance. The 20% was through Secured Horizon which was deducted through either his pension check or social security check. So to my understanding Secured Horizon picks up everything his 80% didn’t cover. So anybody who deals in medical insurance am I safe to saying my Father should not have any liens. Is that correct? My firm couldn’t answer that question
    They told me to wait for the independent lien company response. That’s is what the big delay is for. Still haven’t heard anything yet. I am leary when people are stating that they received a letter already. I was told by either March or April.

  3. Joe Reply

    I wouldn’t worry about it Arthur.
    The court emphatically held that “Medicare liens do not apply to actions under the Wrongful Death Act.” … The need to satisfy the Medicare lien out of the settlement proceeds will arise if a survival act claim is brought or if the wrongful death act at issue allows for recovery of the decedent’s medical expenses.

    Put in your browser (wrongful death act) You Will get more information on it. I don’t quite understand what the lien process Consists of in this wrongful death settlement. Only thing I can think of is the settlement agreement had a stipulation for repayment. Or the liens are only for Survival act for the people that did not pass away. They may have to put that Paragraph in for everyone just because of the survival act. For the people That did not pass away .You really should ask your lawyer. Just call him and say you have a question about the liens and the wrongful death act. He could probably give you a better definition or Exclamation.
    This is what I do know because you or a family member are filing the lawsuit On behalf of your father’s estate, the settlement was not part of his estate at the time you or a Family member filed the lawsuit thus Your father’s insurance cannot Seek repayment from somebody that is dead.As for other liens the same rules apply. Now however if the lien is for you or a Family member such as back child support bankruptcy back taxes and so forth they would have had to have filed a claim against your settlement. In most cases you would have been notified.

  4. Joe Reply

    Arthur, I don’t believe Debra said she received a letter I believe she said she talk to her lawyer. So that is probably what her lawyer told her over the phone or through email. From what my lawyer told me is that he will receive the point amount and then after that The money will be sent out to the people that qualified. So from my understanding the lawyers will have your points before any money is Ever sent out. I don’t believe they are sending out the points for every claim just various people you could probably call your law firm and see if they have a point Amount for you yet. I know they will not have a settlement amount for you as of right now but they may have a point Amount if the administrator has already gone over your case.

  5. Ruth Reply

    Hi Everyone! Has anyone heard anything else or new? Where is Joe?I come to get more info than my attorney gives me. So I appreciate everyone who sheds light on OUR situation!! Happy New Year to ALL

  6. Waki Reply

    I received my letter today. Jan. 18th. I’m not sure what everyone is saying is accurate. I know the letter I got says the cut off time for is 12 hours for additional points allowed. I am in the granuflo claim category according to my letter. My father died on the machine. So he was 4 hours or less. I received a letter back in September 2016 stating the highest point count is 275. My point count was 175. 100 for the base points and 75 for the additional. I wish I could post a picture of the letter. But I am in the granuflo claim payout. It says if you have pdsb>28 “and” pdsk<4 you will receive 100 points additionally. Both you have to have both. In my case I would have 275 if my father had a combination of the two mentioned. But he only fell within the time of death range mentioned above. Under 4 hours and I got 75 points for that. The estimated payouts I received from my attorney back in 2016 was $87,200 if there were only 2500 approved granuflo claims. 3000 = 72,666; 3500 = 62,285; 4000 = 54,500; and 4500 = 48,444. I was told my father was in the highest category base on his medical records which they use to determine the category rankings. And lastly, the total amount being divided is $218 million. Not 220 million. If you do the math, you will see the estimates reflect that. I do not know the final number of qualified claims. My letter didn’t state it and my attorney did not know according to the letter I received. But this is just an idea of what the pay outs will be. I have followed this thread for over a year. It has been very informative. Thanks everyone!

  7. Joe Reply

    Do you really think there are that many people in this settlement? I know at one time there may have been. I understand there are a lot of pending cases in the court dockets but I couldn’t tell you how accurate that information actually is. Here’s something to think about after the bellwether trial
    Fresenius put A motion in for 10 more cases to be dismissed due to the outcome of the bellwether trial. Don’t you think if there were at the minimum 2500 cases they would be dismissing more than 10 cases? Another thing those numbers were given to you in 2016 I can’t believe a law firm would give total numbers not knowing how many cases are going to be dismissed. They could not have known because cases were still being dismissed and remanded. Well after 2016. Another thing to think about There were 2 different people That posted on here And said their lawyer told them there were only a few hundred left. Those people seem like they were honest and I don’t believe there lawyers would tell them false information. There would be no reason for them to do that. Now on the other hand your lawyer seems to be a little shady to me. How could he give you A range of award amount when it’s stated no compensation amount can be given out to you at this time until all claims have been reviewed by the claims administrator. If you have a valid case there’s no way you would get a point value back in 2016 And you definitely would not get information about ranges involving award amounts. So you either are not really in the settlement or your lawyer has been giving you false information and if that is the case I would recommend you sue him for malpractice. Just for you know I am telling you the truth about the cases here is a clip from a motion filed in this MDL
    Here is the clip ;“This point is underscored by the fact that nearly 1,300 cases have been dismissed by stipulation in this MDL and related jurisdictions since the parties reached a settlement in principle in February 2016.” E nd
    So that’s what stated so you see where even after the settlement was Offered We’re still 1300 cases that were dismissed so that would change The amount of claims you posted dramatically it would go from 2500 from your minimum amount down to 1200. So the numbers you are giving out are just not accurate. You also said if you do the math the amount that you posted is correct. The only way the amount is correct is if the numbers you are giving out are correct and it doesn’t look like they are. Also your formula is wrong you are dividing total cases .Into the total settlement amount. That would mean point values have no value everyone would receive the same amount no matter what their point value was. I still can’t give you a total number I really don’t know. After reading your post one more time it looks like you are just guessing about how many claims they’re actually are. It doesn’t look like your lawyer ever actually told you. Because you stated. He did not tell you how many cases there were and it didn’t stated in the letter. Thank you for posting that though.

  8. Larry Reply

    I was informed that my mom’s case was denied because she used a dialysis product called Citrasate. I was wondering was this really the case because she actually died within minutes of her dialysis treatment…I was wondering if this was the actual product used at the Dialysis center….

  9. Thomas Reply

    Joe I cant take it any more but to try to clue you in. I received the same basic letter. It was just a what if letter not facts just to give an idea of various possible payouts so you would have some kind of ball park idea of what you are opting into just ball park stuff. The lawyers look over your case to give an unofficial guess to how many points you may receive in their opinion only. just best case worse case stuff. Maybe if your lawyer would have sent you a letter like this you would understand better. Yes it is all just guessing at this point but to keep suggesting their are less than two hundred cases to divide the money does not seem likely but would be great for those that are still in with a very big payout for them a life changing amount. It is only my guess but I would think their are at least a couple thousand cases left. My guess when its all done and said it will be enough to buy a new truck or some remodel of the house but thats about all the impact to ones life to be expected. If more great but no way is it going to be hundreds of thousands of dollars. The letter from 2016 was just a range of numbers given as example of their best guess please Joe just let it go. Thank you Waki for posting please dont feel afraid to post again.

  10. reese Reply

    Joe for you to say that there is no way the lawyers would have sent out how many points people have back in 2016 is just incorrect. like i said before, i received my letter with point values back in 2016. the same letter that waki received is what i received as well as the range. why would we lie. if the information is not accurate, then blame the lawyers not us. My lawyer did tell me they finished determining all the cases and that we should know dollar value this quarter. we will see soon

  11. reese Reply

    my Lawyer always stated that the claims administrator makes the final determination. So when they gave me how many points i had in 2016, it was their own assessment. it was never 100 % guaranteed. so when i received my letter from the claims administrator, it just confirmed what my lawyers thought. 2000 people submitted for full pay, it does not mean they all will. only my 2 cents.

  12. Marie Reply

    Hello. I got my letter from my lawyer and the claims adjuster. My mom got 150 points. She missed the 4 hour I injustice by about 15 minutes. I spoke with my lawyer and he seemed happy with the results. He said we should know what the value the points will be worth in about a month or so. E felt like there was around 2,000 people still being evaluated but he said some people’s are still be excluded by the adjuster. He also feels the case should be finalized and paid out by June 2018 at the latest. I am more pleased just to know the answers I was looking for that her levels were high when she went on the machine and that caused the cardiac arrest. I wish so much my mom was with me. I have to go on dialysis at anytime now. My kidneys are failing. At 17%. Hopefully they know to watch the levels more closely now. Thank you Joe for all your info and thank you to everyone else who has shared their info.

  13. Joe Reply

    Larry that’s terrible, I know very little about the drug
    Citrasate. I know it has a slower buffer rate meaning the acid concentrate is at a lower level. Usually people that are on anticoagulants such as heparin in high doses are more likely to receive Citrasate. I am sorry to Hear what happened I can’t even imagine the disappointment you must have for your law firm. One would have thought they would have told you that a long time ago. Just for other people know when you opted in There should have been some reference to documented use of Granuflo and also documented cardiac arrest within 24 hours. I can’t say everyone’s opt-in Letter will have that but the majority will. So if you don’t see any references to those 2 Documents that should raise a red flag.

  14. Tracy Reply

    Attention Joe: Hello my name is Tracy and I was wondering if you could shed some light on my case. I havent heard anything since I received the opt in letter way back. Any info that you can give me would be greatly appreciated.

  15. Joe Reply

    You know Thomas in a weird kind of way I feel kind of bad for you. I mean I know you lost your mother and I understand that. But the lawyer is not giving you accurate information. For one he better hope to God the claims administrator Agrees with the point value your lawyer gave you. And what about the people that decided not to opt in based on the estimated award amount you think they can sue your law firm now for malpractice they gave numbers out that are not accurate at all. No law firm that was good would ever give out a point value or a estimated Award amount Before the Final process even began . Look what happened in this case thousands of people started out in the beginning but then a lonepine order was implemented. And other case management orders and it went from thousands down to hundreds. I mean your law firm is manipulating you you are falling for it. I mean I truly feel sorry for you. Why don’t you call your lawyer and tell him according to court documents, tell your lawer to look for this docket “DEFENDANT FRESENIUS’ OMNIBUS REPLY IN SUPPORT OF MOTION FOR ENTRY OF LONE PINE CASE MANAGEMENT ORDER “ Doc # 1804 and #1801 Ask him why in this opposition to the motion does it state there are 249 individual cases and 219 have opted in.See what his response to that is. Come on Thomas I know you’re not a stupid person you can figure this out. Stop acting like people are out to get you. I told you what to do. And that will prove what I have been telling you all along. He will ask you where you got that information from. Tell him you got it off of pacer.com he can’t tell you it’s a lie then.

  16. Joe Reply

    I remember you Tracy, don’t worry.I No it gets stressful when you hear people saying they got their point values. But not everyone has received a point Value. Just give it some more time you’ll hear something. I don’t think most people received anything yet.

  17. Debbie Reply

    What are you saying Joe? What does that mean? What are the 249 and 219 numbers supposed to represent? Because I got that letter from my lawyer too a long time ago with the estimations. Maybe they were estimations but what those people are saying is not a lie. Maybe things have changed drastically since then. What do you think? Do you think that there are 500 or 900 or 2000 cases that are involved? Out of the 12,000 cases that applied how many do you think are in the 1500 dollar category?

  18. Thomas Reply

    Joe why cant you understand what is wrong with you. no information was given as facts by the lawyer. why do you want people to think there are less than 200 cases left in cat one. Please stop attacking people. I was just trying to help you understand. I think maybe you are a troll trying to mislead people because you are a very unhappy person your fun and games will be over soon enough and you will be seen for what you really are but by that time no one will care and this forum will be finished. what will you do than go be a troll on yahoo for hours everyday spilling hatred everywhere? you have hurt a lot of people on here for sharing their info on here please stop it. What is wrong with you?

  19. thomas Reply

    Joe I see its not a game with you,but that you actually believe what you are saying .I do not think you are interpreting these court orders correctly. I do not have the training and i do not believe you do either. You are confused. It good you are sharing these court orders and have your opinion of what they mean that is fine, but you think you have to hurt people when they dont go along with everything you say. I knew better than to try to clue you in,but i tried anyways. you have said i am mentally ill, that i need to get back on my medication, You call me Tommy. well trying to help you did not end well. I am not going to feed you anymore, I will never post again why waste my time and happiness. I will set back and watch the joey show go ahead say anything you want, but I will not respond. I have a busy happy life to get back to.

  20. Amanda Reply

    Thomas, I myself was told by my lawyer that there was more like hundred’s instead of a thousand that actually made it into the category one. The criteria was just so hard to qualify for. a lot of cases was dismissed even after the lawyer told them they qualified. They changed the criteria several times. The 1500 dollars come in as an added bonus because they didn’t meet the criteria and was fresinus way of saying sorry not to sorry u took it in the past but you just don’t have enough evidence proving it was in anyway related to your event. Out of all the cases my lawyer and his partnering firms only had 6 that qualified and luckily I made that cut. I still haven’t received any point value from the claims administration

  21. Joe Reply

    No I don’t think everyone is lying I think however some maybe giving the point value they got in 2016 And never actually really received a letter with A point value recently. So I am not implying any one specific person ,it’s just a thought. I do believe some people really did get point values sent to them recently. You seem to be missing something there were very few people that received the point values Recently.I don’t think there were even 10 people. So how can there be 2000 people or 2500 don’t you think more than 10 people would post that they received their point value If There were that many Claims that were approved for Settlement? Thomas you just like to Word things so it makes people believe what I am saying is untrue. I was one of the first ones to get a opt in letter it came maybe May or June 2016 how could my lawyer have a estimate on number of claims when I received my opt in letter there were few to None that had yet to return the form . You seem to think your letter is the only accurate one i am not so sure about that. There’s a reason why some people got estimated amounts and other people did not I don’t know the reason for it but there is a reason. You are also putting too much value in the estimate of cases as you stated they were simply a general idea, they could be completely wrong That’s why they are called estimates and you are right Fresenius has not released how many people Were excepted into The settlement. Debbie you seem excited about ypur possibility of getting $52,500 if even that if your numbers are right.Are you calling me a liar ?? And for Thomas you are a fat troll. You don’t even know if the numbers you’ve given out are correct you have no proof you don’t seem To be educated it’s just an estimate so they would get your dumbass to Upton .I have proof you are just talking nonsense. Some people got point Values Nobody was told how many people are in the settlement you are making people believe they are getting nothing Or very little you should be ashamed of yourself.You don’t know anything I Have a feeling you’re going to be quite upset at the outcome of your review
    By the administrator.
    .
    Start of clip:”The Opposition filed by the law firm of Hagens, Berman, Sobol, Shapiro LLP (Doc. #1804) applies to all cases filed by the law firms in this MDL (249 individual cases). Of those cases, Hagens Berman has already opted in 115 cases to the global settlement presumably based on a review of the merits of the cases and belying the contention that they have not had ample opportunity to obtain information necessary for a critical review of specific causation. Similarly, the Sill Law Group, having also filed an Opposition to the Motion (Doc. #1801), has already opted in 104 cases to the global settlement program. “END

  22. Marie Reply

    The letter I received was from the claims adjuster. My lawyer also attached a letter to it. It is not a guesstimate of my point value. I have no reason to lie about it. Maybe I was one of the first to receive a letter. I just received it like a week ago. I even spoke to the attorney directly after receiving the letter. The base you can receive is 100 points. Then the add-ons can go up to 200 points. The lawyer told me we will know the value sometime within the next two months. He also felt that it will be closed and paid out by June this year. I even asked could I possibly going to next year and he said he did not think so. That they have dragged it out long enough. I never received in the beginning an estimate from my lawyer on points. I did receive an estimate on the amount of money it to be over a year ago depending on the amount of claims. But that was from the lawyer and they were guessing. I feel like that amount has changed now because a lot of people were dismissed. Please if anyone else has received their letters please let us know. I will keep everyone posted on what I receive. Stop fighting. It is silly. Our families are all victims of the same company. God Bless.

  23. larry Reply

    I would like everone on this site who still has a case pending or have not heard anything or received a letter, to go back and look at the old post on this site. The date was Dec 1,2017, post name or person was ???? so they gave no name!! Had info that looked like Joe might have posted( not saying he did or saying it was him) but had like court room info!! It had less than 500 cases in the main category with a state by state breakdown, number wise!! If this ???? info was correct over half of the main category clients were in the states os Mississippi and California!! Is it true or correct?? I sure do not know!! And why sign your post ????. Thought it would be intetesting for anyone still in the dark about this suit to look at and review!! Just go back to the older posts to Dec 1, 2017!!

  24. Sue Reply

    I’ve been reading these posts for awhile simply because they always contain far more info than what we get from our attorney. Then when we finally do get info, it’s so “outdated” from what you all have been saying in your posts here or the info doesn’t even mention anything that you’ve been discussing. So, I’m wondering…does anyone else have the Sill Law Firm representing them on this matter? If so, would you please tell me if you’ve been getting any info from them or the same info others have been posting here?

  25. elle Reply

    our judicial system needs to reform MDL’s. they r a best contrived avenues for enoromous amounts of money, not paid out to the individual dmaged plaintiffs. this MDL started w abt 12000 after bei g drawn in by promises of compensation to families of lost or ill plaintiffs. often the same legal firms r appointed to steer the enormous tasks of co figuring settlements, setting criteria and meeting w defendants, all for the plaintiffs represented! lets see how many cases survive and if an MDL was really the correct and best choice, bsed on ALL the legal fees paid to firms vs the consideration of the damages for the plaintiffs. and consider the representation by ur legal representatives that have little communication or interaction w those they r meant to represent as reported in these posts. how many years, how much interaction? how much renumeration, consideration for ur loss? so why an MDL?

  26. larry Reply

    You know I kind of agree with Elle. This whole dialysis lawsuit has been screwed up from the beginning. The lawyers told you it was a sure fire case that should be won. It started out as NaturaLyte and Granuflo were the poisons used in dialysis, then NaturaLyte got dropped all together. Started at 10,000-12,000 cases, then thousands of these got dismissed because the time frame of your loved ones cardiac arrest kept changing( I hear now death must of occured within 24 hours)!! This whole 5-6 year court case has been a nightmare. Bottom line is this company caused several deaths and injuries to a lot of innocent people and their families and a lot of affected people will not ever get anything. But, yes, the lawyers will see their40%-50%!!! Prob have already got their money. No amount of money will ever replace the loss of a loved one but all this case has done is add insult to injury, salt in the wound. Like Elle says, something needs to be done about these court cases in the future to insure there is justice and right done for all victims!!!

  27. Marie Reply

    Can someone pls provide the accurate claimants in category 1, I talked to my attorney today and was told there were 2000 claimants submitted in Category 1 – Granuflo and 50% to 75% were approved, 500 claimants in Category 2- Naturalyte, and 5,000 in Category 3 APA- $150, totsl of 7500 claimants, but I’m hearing rather reading numbers in the hundreds for Category 1, which is correct what can I find factual info why are there such s big difference in numbers.

  28. Don Reply

    Probate lawyer charging 400/hr been on case for years!! Asked to see how much spent he said hell get back with me! And its not coming out that 40% lawyer fee

  29. Amanda Reply

    It seems here lately everyone is getting conflicting numbers and truth is no one knows really. I don’t believe there are 2000 but he’ll who knows anymore. Just stating once agian what my lawyer said. That is was only hundreds and then in the post dated from the 31 of December as someine stated above showed the amounts by state and was no where near a thousand. But they are going to do whatever they can to pro long this and for them to keep as much money as possible. I’m seriously just to the point I’m over it they don’t honestly care about any of us or any of our loved ones that passed.

  30. Elle Reply

    It seems that the less we were advised the less work and information was given. The first letter gave range of monies based on expected cases initially. Category 1 I believe ws $87000 before shared costs and attorney fees. If u read all the posts, changes were directed at eliminating cases no longer qualified or changing criteria determining parimeters. As eligibility changed so followed eligibility of cases and suddenly those originally qualified, no longer were eligible. I was told I was a base case, but no definition or advisory further. I read the motions from joe abt cases n the pattern seemingly was to dismiss.. My attorneys r on the “steering committee” and yet there are no definitive numbers yet, the examiner ihas not completed work. Once again I certainly complain that little to no consultation has been made available before or during this work “on my behalf” . As suspected the cases are now less. Sadly though, I feel the monies might still not be far off from the estimates in the first letter. Any questions I hv asked have met with push back, no loner any hand holding, or guidance. More often, “this is it,” and nothing further. And “this is it” will be a very costly attitude for us. ths categoeies exist, there r points not bsed on time and blood work rwsults, the medical info submittwd on ur behalf n then confirmed by the examiner, u will
    have a small window to contest if u wish, and then off to lien check. and at some point, the number of eligible cases will b known to the steering commitee, we will receive something, but will we ever know the final totality of this case?

  31. cyndie Reply

    I am so disappointed in the litigation process of the case. I have an attorney on the steering committee and have not spoke to an attorney in years-I am constantly sent to a paralegal. I sent in all paperwork originally and thought this process would proceed in a timely manner. The process is at a snails pace to give Fresnius a chance to collect increased profit from interest. It seems no one knows anything —-what kind of legal process is this?????? It is Feb 10–dads papers were submitted in Sept of 2017—there is something wrong

  32. Joe Reply

    Thursday, February 01, 2018
    1988 4 pgs order Order Thu 4:27 PM
    Judge Douglas P. Woodlock: MEMORANDUM AND ORDER REGARDING AWARD AND ALLOCATION OF COMMON BENEFIT FEES re [ECF #1982-1985]. (Beatty, Barbara)

  33. Debra Reply

    Joe what does that mean?

  34. Debra Reply

    I was told there was appx 7500 submissions. They all go thur review, appeal and check for liens first before we get a $ amount per point. They told me we will not know a value per point until closer to April.

  35. Kevin Reply

    Candies, I hope that was a typo of the year you submitted paperwork of September 2017, that means you have only been involved for 6 months ??? And Joe when you post something has you did on February 01 what does that mean???
    I only wish this would come to an end soon for all of us, I submitted paperwork in August of 2011. I have been given my category and my point value, and no other information from my lawyers except soon!! I want closure so bad. This has been the worst drawn out process I have ever seen. Fresenius has given the 250,000,000 already that’s in escrow and for the lawyers they are not getting on more then their 40% so know one is benefiting frpm not closing this up. I wish everyone good luck and I am deeply sorry for those families that have been denied anything from this due to all the restrictions that came up.

  36. Terrisa Reply

    Joe , what does that mean about the order regarding award and common benfit fees?

  37. Debbba Reply

    Joe, what does this memorandum mean?

  38. Melany Reply

    Joe, what does your comment mean?

  39. Confused Reply

    Thank you everyone for contributing here. This site helps!!!! I’m totally confused. Signed a document to opt -in during 2016. Was told by the paralegal to wait for forms to sign & agree with the dollar amounts from the administrator. Was told in 2017 the forms would arrive in 2018. Then told in January 2018 my case was denied, however the lawyer would be appealing, because they still believe they have a case. Haven’t gotten anything from them in writing since 2016. I’m really confused with this entire situation. I thought the administrator wouldn’t deny anyone. This has been painful enough & now a huge slap, kick and punch to the face. God help us all!!!

  40. larry Reply

    You know I keep seeing all these different posts on this site. Different people are being told different things by different lawyers. Totally ridiculous!! And I am not talking about the people and comments that are posted. I am talking about this system and process in this suit. Everyone still involved in this lawsuit needs to be advised on the current status of where this suit stands. We need to hear from the administrator or someone handling the matter, since most lawyers seem to be in the dark on the matter. This 5-6 year court case has been a big nightmare for a lot of people involved. First you lose a loved one suddenly because they have been killed by the carelessness and malicious actions of a multi billion dollar company. Then you go through hell waiting 5-6 years for an MDL lawsuit to be settled. It is high time this case and matter be settled once and for all!!!

  41. larry Reply

    Joe, I really appreciate all your posts on the kidney dialysis lawsuit updates. However, I believe folks on this site would appreciate it if you explain your posts. Your last post only gave a brief court doc but you need to explain what this is and what it means to us non legal people. Thanks for your help. Noticed not many people posting at all on this site anymore?????????

  42. larry Reply

    Also I dont understand Dons post. You mean to tell me his lawyer is charging him an hourly fee in addition to receiving a 40% lawsuit fee. So for what reason would he add more fees onto this legal service?? Medical records possibly but to me most of his actions on this case should have been satisfied with his 40% legal fees paid by this settlement!! Anyone care to comment on this post????

  43. Anthony Reply

    I went into cardiac arrest while still in the chair woke up today’s later in the hospital.im blessed that I survive the ordeal. But like I have been saying from the beginning we was sold out from day one. Who you go to court with 10.000 plus cases and lose you trying to tell me not one of those cases fit the criteria to win. Think about that. So no one should be surprised with the antics of this case. I be happy when this is over so I can move on. I won’t be surprised if this case goes on until next year. What a legal sham

  44. Joe Reply

    So a hearing was held January 30, 2018 i should have posted that before I posted the memorandum order. Not sure how people are getting point values already but I guess it could be possible, I don’t really know. Anyway It looks like the appeals process if there are any appeals would be the end of May. So we all know there is a short period to appeal.I forget what my lawyer told me maybe 12 days or something. So we all should know by May 15 or somewhere around that date.Everyone should know the amount they are going to receive . We should all know around the same time due to the appeals process. May 15 is not official it’s just an estimate but for sure we Will know by the end of May.

    Tuesday, January 30, 2018
    1989 minutesMotion Hearing Order on Motion for ReconsiderationWed 2:57 PM
    Clerk Noted for Status Hearing held before Judge Douglas P. Woodlock. Stay remains in place until Court issues Memorandum and Order on the pending Motions for Summary Judgment, James Gotz provides court with an update on the settlement claims process and appeals. If necessary, appeals will be submitted to Judge Woodlock at the end of May. Defendants will withdraw their Bill of Costs in the Dial case 14cv11101 . Plaintiffs Motion for Rule 60 Relief from Order of Dismissal1888 is Withdrawn as MOOT. Parties to file an Assented to Motion to Dismiss product liability counts vs Fresenius in the Garcia case 17cv12105 , and thereafter, the case will be ripe for remand to state court in New Mexico. No opposition having been heard, the Court will issue an Order on the Plaintiff Leaderships Petition for Award and Allocation of Common Benefit Fees1982 . No further hearing necessary to be set at this time. (Court Reporter: Brenda Hancock at brhancock@msn.com.) (Beatty, Barbara)

  45. Joe Reply

    September 2017 you must have meant 2016 September 2017 is only like 5 months ago. There are people on here that have been in this lawsuit for years and years. Here is the thing and this is not a Estimate or a guess it is the fax . Your case must consist of a Cardiac arrest occurring between the dates of April 1, 2002 and December 31, 2012. anyones time of death or cardiac arrest after 2012 will not Qualify. Those are Factual dates not a guess. Heart attack or stroke Do not qualify It had to Have been a cardiac arrest. A person’s heart must have stopped and not from a Heart attack. Along with the cardiac arrest It must have happened within 24 hours of the last use of Granuflo. It is not what I think it is the plan of allocation those are the facts. I don’t know why some people seem to be ignoring that. I have posted it multiple times. As for the people that got estimated award amount or even Estimated point values. I don’t understand that. The letter should have had the plan of allocation. Conditions for participation, Including A limited time to appeal Epiq’s Determination to The judge Douglas P. Woodlock.. Information about signing a release form.Which has the effect of ending the lawsuit Against Fresenius. It should also have Your Claim. Stating documented medical Records for use of Granuflo or Naturalyte
    and documented cardiac arrest within 24 hours if Granuflo or 12 if Naturalyte. There should be no estimate of award amount or Estimated point values. There should also be deductions from the gross settlement award which will include your law firms compensation amount From the gross settlement award. It also stated over 1000 or more will not be able to prove Granuflo or
    Naturalyte were used And will not be eligible to participate.

    I wonder how people are stating they received a point value recently from third-party claims administrator witch is Epiq’s. Master Green is not the administrator he was just the One that approved the allocation plan . Anyway how could someone get a point value when the settlement Memorandum and order was just given February 1, 2018. Not saying I don’t believe it, but it doesn’t make sense. The people that stated around May 2018 sounds More realistic. When i talked to my lawyer last week he said claims are still under review. I mean i don’t know it could be Possible some people got a point value. I have been trying to tell people there are not as many claims as once thought. I don’t know how Else to explain it. I mean he main MDL 1:13-md-02428 total parties are 444. .We are all part of that MDL. Of course we all have a different case number but we all are part of the main MDL. All lawsuits are consolidated into MDL case Number 1:13-md-02428. I mean I can’t explain it any better than that there are 444 parties that includes lawyers. I haven’t counted all lawyers but i do know there are quite A few for both sides. The settlement amount for some will be life-changing and others will be very disappointed. Everyone has this stated in there opt-in settlement form somewhere But I don’t see it mentioned anywhere by anyone. “By opting- in You will be legally bound By the determination Of eligibility By the claims administrator As well as the amount of compensation if eligible”. So how could Lawyers give estimated award amount that baffles me . How many of those people that got a estimate award amount Think that their case could possibly be determined to be not eligible by the claims administrator. Probably nobody thinks that that receive the estimate award amount. Everyone that got that estimate of award amounts believe they are guaranteed something. They seem to think it just depends on how many people are in the settlement and unfortunately that is not the case there could be no Estimate of award amounts until the cleans administrator Has made his determination. Nobody is guaranteed anything. I don’t even know where these point values are coming from. I mean I Believe there is some Kind of value that will be given out But in the plan of allocation I received back in 2016 it just stated it will be based on a formula. It doesn’t state what that formula is.

    The memorandum and order makes it official the settlement will now be funded. I know most of us knew this already from what our lawyers have told us but the judge has just ordered it so it is now official the award is being funded meaning the settlement is being funded paid or Released should I say. And the lawyers are getting their compensation $27.5 million 11%
    There may be exact dates in the memorandum I am not sure have not read it.

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