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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.


1,320 comments

  1. Ann Reply

    Received settlement letter in October 2018. Lawyer medicare fees ect taken already. Six figure dwindled down to 5. Advised early to get probate lawyer where rest of money now sits in sn acct. Now he’s filing for heirship. I have no siblings. I feel he has had 8 yrs to find this info.

  2. Please Reply

    I also received settlement letter in Oct but they keep saying they can’t release check until they ser if any medical liens my mother wasn’t in s home when she past or ever so how much longer nor has anyone else gotten a check or how long after they received their letter I’m with Barron and budd lawfirm

  3. Jesse Reply

    George, on or about December 24, 2018 my sister received a letter or email from our attorney giving the amount of the settlement awarded to our family. The awarded amount was:

    Settlement Amount $158,683.00
    Case Expenses:
    Law Group Expenses $1334.00
    Common Benefit Expenses 6347.00
    Lien Resolution Fee Holdback 200.00
    Medicare/Medicaid PLRP Verification
    of Eligibility Fee 125.00
    Qualified Settlement Fund Administration
    Fee 100.00

    -Total Fees Above: $ 8106.00
    Less Attorney’s Fees 60,230.00
    Lien Holdback (private attorney fees PLLC) 28,245.00
    Estate expenses 500.00

    Net Proceeds to Client $ 61,600
    And this is to be divided among 12 siblings.
    It is quite disappointing to say the least. After all these years of waiting and after all our mother has suffered before she died this seems like a kick to the gut. Im starting to wonder if our attorney helped himself instead of us. By the way, we were informed some months ago by his office that he had gotten paid, left the case and moved on, like back in July or August! Imagine that.

  4. George Reply

    Got my check and now have to wait for Federal Reserve to release the funds. It has been 6 days so far and promise that it will be released 12/31. After liens, fees, etc. it is disgusting. Also if the check is made out to the estate you will need death certificate, a letter Probate with current date (within six months) and IRS ID# in order to open estate and deposit check. If just made out to sole heir you can just deposit it. It has been a nightmare! Bernheim, Dolinsky & Kelly was my law firm and they were useless! I will never recommend them to anyone!

  5. Judy Reply

    This has been a nightmare to say the least, I smell a mal practice suite, Misrepresentation, not answering calls, withholding information, and just flat-out lying. Attorney’s helped themselves not the client.

  6. Cris Reply

    I just waiting for providio to release the hold.

  7. Elle Reply

    Your fees seem quite high. U should check it further, and your agreement is with the firm, not just the attorney.

  8. Angela Reply

    Are there other’s still waiting for their embarrassing $1500 for the death of their loved one?

  9. Laurie Reply

    It is over for me but never forgotten. This whole experience has showed me just what this judicial system thinks of victims. Big pharma will always win unless we find a way to stop it. I am starting with filing a grievance against my attorney at the state bar association.

  10. Elle Reply

    I would very much appreciate any information or unveiling of information that u might come across. If I have anything that I discover I will also share. I would like to know the difference between what our lawyers did n what they did not apprise us of. Much luck

  11. Peng Reply

    I just found out about this lawsuit recently. My dad was a dialysis patient for Fresenius, he passed away in 2015. Is it too late for me to do anything about this?

  12. Tevedous Reply

    How can I find out if my siblings filed for my mother?

  13. Elle Reply

    Has anyone contacted another law firm to explore any wrongdoing in this MDL?

  14. Mary Reply

    I would like to know if anyone that was in the Granuflo compensation fund and received a settlement, did you receive a letter stating that your loved ones prescription from Granuflo was a 39 ? I was supposed to received a settlement but instead I received a letter from Special Master Green saying my mother’s prescription for Granuflo was a 35 and not 39 so I would not do be able to be in Granuflo compensation fund but only receive $1,5000.

  15. Cordelia Reply

    We keep hearing from attorney that granuflo case still is settled. They will contact us as soon as they reach some sort of agreement. It’s been 4years.

  16. Mindy Reply

    Cordelia I’ve been told since the end of October that they’re working on putting settlement packets together and once that’s done they’ll issue checks. It really takes 6 months??? I’ve been lied to for years by this attorney, only to find out the truth through my own research. I’m over it!!

  17. Dawna Reply

    It has been 7 years since my mother died in the parking lot, 10 min after her dialyses treatment. It has been since October 2016 that we have had any contact with attorney’s about her case.

  18. Judy Reply

    This case is over my family got our lil money back in February can’t believe y’all still waiting. Good luck

  19. @-•_% Reply

    Case 1:13-md-02428-DPW Document 2024 Filed 06/10/19 Page 1 of 3
    UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS
    IN RE: FRESENIUS GRANUFLO/ )
    NATURALYTE DIALYSATE ) MDL no. 13-2428-DPW PRODUCTS LIABILITY LITIGATION )
    This document relates to: all settlement cases
    PLAINTIFFS’ SETTLEMENT COMMITTEE’S STATUS REPORT REGARDING CONCLUSION OF SETTLEMENT PROGRAM
    The Plaintiffs’ Settlement Committee, with the knowledge and assent of the Settlement Special Master, Professor Eric Green, hereby advises the Court that it considers the GranuFlo- NaturaLyte Settlement Program to be concluded. In support of that conclusion, the Committee submits the following for the Court’s consideration:
    1. As more fully described in Professor Green’s report to this Court dated May 31, 2018, the claims processing, claim evaluation and claim appeals process for the parties’ private settlement program concluded one year ago.
    2. Shortly thereafter, notice of settlement award amounts issued to counsel for all eligible claimants, which was followed by initiation of the process to resolve medical liens for all eligible awards. Providio Medisolutions LLC (now known as Archer Systems LLC and hereafter referred to as “Providio/Archer”), administered the medical lien resolution program.
    3. Starting in about the Fall of 2018 and continuing thereafter on a rolling basis, as medical liens were resolved, awards were distributed to claimants through their counsel of record by the Court-appointed Qualified Settlement Fund (QSF) Administrator, Providio/Archer.
    1

    Case 1:13-md-02428-DPW Document 2024 Filed 06/10/19 Page 2 of 3
    4. On a regular basis, the undersigned notified counsel for Fresenius as to which cases received their award distribution, so that Fresenius could file Stipulations of Dismissal to terminate each respective case.
    5. As of this submission, Providio/Archer has resolved all medical liens and distributed all settlement awards for eligible claimants, with one exception: a small number of awards (four at the time of this submission) have been held back where counsel for the claimants have asked Providio/Archer to hold the available settlement funds in escrow, typically to allow claimant counsel additional time to address other settlement-related processes for those claims (for example, probate approval or the creation of settlement trusts). Providio/Archer will release these funds immediately upon request by claimant counsel.1
    6. Except for Providio/Archer’s very limited ongoing activity described in paragraph 5 above, the Plaintiffs’ Settlement Committee considers the GranuFlo-NaturaLyte Settlement Program to be concluded.
    7. The Plaintiffs’ Settlement Committee will continue to cooperate with Fresenius counsel to ensure that all Stipulations of Dismissal for settlement cases are filed.
    1 These cases are pending in Massachusetts state court.
    2

    Case 1:13-md-02428-DPW
    Document 2024 Filed 06/10/19 Page 3 of 3
    Dated: June 10, 2019
    Respectfully submitted,

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