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Fresenius Dialysis Treatment Lawsuit

Fresenius-Dialysis-Treatment-Lawsuit

Fresenius Dialysis Treatment Lawsuit Overview

The Fresenius dialysis litigation centered on allegations that the company’s widely used dialysis products, GranuFlo and NaturaLyte, caused sudden cardiac arrest and death among patients undergoing treatment.

Manufactured by Fresenius Medical Care, the products were designed to help manage acid levels in the blood, but they contained ingredients that could lead to dangerously high bicarbonate levels if not properly administered. Thousands of patients and families claimed that Fresenius failed to warn clinics and healthcare providers about these risks, despite having internal data showing elevated rates of cardiac complications.

Concerns intensified after a 2012 internal memo surfaced indicating that Fresenius had known for months that improper use of its dialysis concentrates was contributing to a spike in patient deaths. The company was accused of alerting its own dialysis centers while withholding the same safety warnings from competing facilities that also used its products. In response, the U.S. Food and Drug Administration issued a Class I recall—the agency’s most serious level—highlighting the potential for fatal outcomes.

The lawsuits were consolidated into multidistrict litigation (MDL No. 2428) in the District of Massachusetts, where plaintiffs pursued claims of negligence, failure to warn, and wrongful death. Fresenius ultimately agreed to a $250 million settlement in 2016 to resolve thousands of cases.


Fresenius Dialysis Litigation Updates

September 7, 2017: Fresenius Dialysis Defense Verdict Ends One of Final Granuflo Trials

A federal jury returned a defense verdict in one of the last remaining Fresenius Granuflo and Naturalyte lawsuits, finding the company not liable for a patient’s cardiac arrest following dialysis treatment. The decision came after years of litigation and thousands of claims alleging that Fresenius failed to warn of metabolic risks associated with its dialysate products.

August 16, 2016: Fresenius Agrees to Global Settlement of Granuflo and Naturalyte Lawsuits

Fresenius Medical Care reached a confidential settlement resolving thousands of lawsuits over its Granuflo and Naturalyte dialysis solutions. The agreement followed several years of multidistrict litigation, ending claims that the products caused sudden cardiac arrest due to undisclosed bicarbonate imbalances.

November 17, 2015: Bellwether Trials for Fresenius Dialysis Lawsuits Planned in MDL

The U.S. District Court overseeing the Fresenius Granuflo and Naturalyte MDL announced plans to select bellwether cases for early trial dates. The goal was to test key legal and medical issues before juries and encourage potential global resolution of the remaining claims.

April 15, 2015: Depositions Begin in Fresenius Granuflo Dialysis Litigation

Attorneys began deposing company executives and medical experts in preparation for upcoming bellwether trials. The depositions focused on internal Fresenius communications, including warnings allegedly issued to company clinics but not to outside providers.

September 15, 2014: More Than 2,000 Fresenius Dialysis Lawsuits Pending in Federal MDL

The number of lawsuits filed over Fresenius dialysis products rose to more than 2,000 nationwide, with cases centralized in the District of Massachusetts. Plaintiffs accused the company of concealing risks of cardiac arrest tied to the use of its dialysate products Granuflo and Naturalyte.

May 21, 2014: Federal Court Sets Granuflo Dialysate Lawsuit Trial Dates

Judge Douglas P. Woodlock scheduled a series of bellwether trials in the consolidated Fresenius Granuflo MDL. The cases were chosen to represent common claims and medical circumstances among plaintiffs who suffered cardiac arrest or death following dialysis treatment.

March 17, 2014: Fresenius Bellwether Trial Schedules Issued in MDL

The court issued its first scheduling order outlining the process for selecting representative cases to proceed to trial. Both parties were instructed to identify discovery priorities and coordinate expert testimony.

January 14, 2014: Bellwether Trial Proposals Submitted in Fresenius Litigation

Plaintiffs and defense counsel submitted competing proposals outlining which Granuflo and Naturalyte lawsuits should serve as bellwether trials. The selections were designed to test core issues about Fresenius’s failure to warn of potential bicarbonate overdose.

November 22, 2013: Identification Process Established for Granuflo and Naturalyte Claims

The court approved an identification and verification process to organize the growing number of lawsuits filed nationwide. The order required plaintiffs to submit detailed injury documentation to streamline pretrial discovery.

July 29, 2013: Master Complaint Filed Over Fresenius Dialysis Treatments

Plaintiffs filed a master complaint consolidating allegations that Fresenius failed to warn doctors and patients about the risks of elevated bicarbonate levels caused by Granuflo and Naturalyte products. The filing served as the central pleading document in the MDL.

June 20, 2013: Trial Selection in Fresenius Dialysis Cases Delayed

Judge Woodlock postponed the selection of early trial cases to allow additional time for discovery and settlement discussions. Attorneys on both sides agreed that further investigation was needed into Fresenius’s internal testing procedures.

March 21, 2013: Motions Addressed During Granuflo Dialysate Lawsuits Conference

The federal court held a motion hearing to address procedural disputes over discovery and expert evidence in the consolidated Fresenius litigation. The session advanced coordination among multiple law firms representing affected dialysis patients.

February 20, 2013: Fresenius Dialysis Lawyers Meet in MDL Coordination Conference

Plaintiffs’ attorneys and defense counsel met with the presiding judge to discuss case management strategies for the consolidated litigation. The conference covered deadlines for discovery, protective orders, and bellwether trial planning.

December 12, 2012: DaVita Named in Dialysis Lawsuits Over Granuflo and Naturalyte

Lawsuits expanded to include DaVita, another major dialysis provider, for allegedly using the Fresenius products linked to patient deaths. Plaintiffs accused both companies of failing to act on known warnings about cardiac risks during dialysis.

November 15, 2012: MDL Conference Held to Coordinate Fresenius Granuflo Cases

The MDL court convened its first formal status conference, addressing procedural orders and early discovery coordination. Attorneys reviewed Fresenius’s internal safety memos that triggered FDA scrutiny earlier that year.

August 14, 2012: Leadership Appointed in Fresenius Granuflo and Naturalyte MDL

Judge Woodlock appointed a team of plaintiffs’ attorneys to lead the coordinated federal litigation. The appointments established a structure for discovery, expert witness management, and global settlement discussions.

March 29, 2012: Federal MDL Formed for Fresenius Granuflo and Naturalyte Dialysis Lawsuits

The U.S. Judicial Panel on Multidistrict Litigation consolidated all federal Granuflo and Naturalyte cases in the District of Massachusetts. The move centralized pretrial proceedings to streamline management of the rapidly growing docket.

July 10, 2012: Fresenius Supports Creation of MDL for Dialysate Injury Lawsuits

Fresenius announced its support for the proposed MDL to coordinate litigation involving its dialysis products. The company stated that consolidation would promote efficiency and consistency in rulings.

March 29, 2012: Petition Filed to Centralize Fresenius Granuflo and Naturalyte Lawsuits

Plaintiffs filed a motion with the U.S. Judicial Panel on Multidistrict Litigation seeking to centralize all federal lawsuits over cardiac injury and death linked to Fresenius dialysis products. The petition cited common factual questions about inadequate safety warnings.


Fresenius Dialysis Research and Recalls

January 26, 2017: Granuflo and Naturalyte Lawsuit Filed Following Bacterial Contamination Recall

A Kentucky woman filed a lawsuit after suffering injuries allegedly caused by contaminated dialysis products recalled by Fresenius. The recall involved Naturalyte dialysate solutions that tested positive for bacterial contamination, raising renewed concerns about manufacturing oversight and patient safety.

March 12, 2015: Bacterial Contamination Found in Naturalyte Dialysate Solutions Prompts FDA Warning

Federal regulators announced a recall of certain lots of Fresenius’s Naturalyte dialysis concentrate after contamination was detected during quality testing. The recall followed multiple reports of adverse patient reactions linked to bacterial exposure.

June 17, 2014: Deaths and Injuries Reported From Recalled Naturalyte Dialysis Solution

The FDA disclosed reports of patient deaths and severe injuries tied to Fresenius Naturalyte solutions that had been recalled due to contamination concerns. Officials said the company’s corrective actions were under review to ensure safer manufacturing practices.

May 20, 2014: Naturalyte Recall Expanded Over Bicarbonate Concentrate Problems

Fresenius expanded its recall of Naturalyte Liquid Bicarbonate Concentrate after identifying additional affected lots distributed nationwide. The company warned dialysis centers to stop using the affected product to avoid serious metabolic complications.

April 11, 2014: Fresenius Issues Recall for Naturalyte Bicarbonate Dialysate Solutions

A recall was issued for certain lots of Fresenius Naturalyte Liquid Bicarbonate Concentrate due to contamination and labeling problems that could lead to improper dosing. The FDA classified the recall as Class I, its most serious level, due to the potential for fatal outcomes.

August 22, 2013: Peritoneal Dialysis Solution Recalled Due to Particulate Contamination

Fresenius Medical Care recalled its DIANEAL peritoneal dialysis solutions after discovering particulate matter that could enter patients’ bloodstreams during treatment. The FDA warned that exposure could lead to inflammation, embolism, or infection.

April 30, 2013: Fresenius Recalls Dialysis Machines Over Electrical Malfunctions

Fresenius initiated a recall of its 2008K2 dialysis machines due to potential electrical defects that could interrupt treatment or cause power loss mid-procedure. The company advised clinics to inspect and service affected units immediately.

November 19, 2012: FDA Issues Warning Letter to Fresenius Blood Bag Manufacturing Plant

Federal regulators issued a warning letter to a Fresenius manufacturing facility in Puerto Rico, citing quality control violations in the production of blood bags and medical components. The agency noted inadequate sterilization protocols and failure to document contamination risks.

October 3, 2012: FDA Investigates Fresenius Dialysis Clinics Over Patient Safety Concerns

An FDA inspection revealed lapses in reporting patient deaths and serious injuries linked to Fresenius dialysis products. The agency launched a broader review into company safety practices following numerous incidents of cardiac arrest among dialysis patients.

August 20, 2012: Fresenius Recalls Magnesium Sulfate Injection Products

Fresenius Kabi recalled multiple lots of magnesium sulfate injections after particulates were found in vials during routine inspection. The FDA warned that use of contaminated injections could cause tissue damage or embolic events in vulnerable patients.

August 3, 2012: Dialysis Clinic Shut Down Following Series of Patient Deaths

A Fresenius dialysis clinic in Pennsylvania was temporarily closed after several patients died under similar circumstances. Health investigators cited improper use of dialysate concentrates and ongoing deficiencies in staff training.

April 16, 2012: FDA Issues Warning Over Fresenius Dialysis Product Design

The FDA sent a warning letter to Fresenius identifying design flaws in its dialysis systems that could contribute to improper bicarbonate dosing. The agency demanded corrective actions to prevent further patient injuries linked to the company’s equipment.

March 29, 2012: Fresenius Recalls Granuflo and Naturalyte Dialysis Products Over Fatal Risks

Fresenius Medical Care announced a recall of its Granuflo and Naturalyte dialysate solutions after data revealed links to sudden cardiac arrest. The recall followed an internal company memo acknowledging dosing miscalculations that increased patient bicarbonate levels during dialysis.

February 27, 2012: Study Links Hemodialysis Dosing Errors to Increased Patient Risk

A review of dialysis treatment practices revealed that errors in bicarbonate dosing during hemodialysis could significantly increase the risk of cardiac arrest. The findings predated the later Granuflo and Naturalyte recalls, underscoring longstanding safety concerns.


Fresenius Dialysis Lawsuit Examples

October 4, 2012: Class Action Lawsuit Filed Over Fresenius Dialysis Treatments

A class action was filed against Fresenius Medical Care alleging that its Granuflo and Naturalyte dialysis solutions caused heart attacks and cardiac deaths. Plaintiffs accused the company of concealing information about bicarbonate dosing risks that led to fatal metabolic complications during hemodialysis.

August 10, 2012: Wrongful Death Lawsuit Filed After Hemodialysis Treatment at Fresenius Clinic

The family of a deceased patient filed a wrongful death claim, alleging that improper use of Fresenius dialysis products caused a fatal cardiac arrest. The lawsuit claimed that staff failed to follow safety warnings regarding the company’s dialysate formulas.

May 31, 2012: Lawsuits Filed Nationwide Over Heart Problems and Deaths Linked to Fresenius Dialysis

Multiple lawsuits were filed by dialysis patients and families who suffered heart attacks and sudden deaths allegedly caused by Granuflo and Naturalyte. The complaints cited internal company memos acknowledging that Fresenius had warned its own clinics about the risks months before alerting other providers.

April 17, 2012: DaVita Named in Class Action Over Granuflo and Naturalyte Dialysis Products

A class action lawsuit targeted DaVita HealthCare Partners, alleging the company used Fresenius-manufactured dialysate products that led to fatal cardiac complications. The filing claimed DaVita failed to adequately monitor patient bicarbonate levels during dialysis sessions.

March 27, 2012: Fresenius Hemodialysis Lawsuit Filed Over Heart Attack and Stroke

A dialysis patient filed suit against Fresenius, alleging that exposure to its Granuflo solution caused both a heart attack and a stroke. The case sought compensation for permanent cardiovascular injury and failure to warn claims under product liability law.

February 28, 2012: Wrongful Death Lawsuit Filed After Fatal Dialysis Treatment Using Granuflo Solution

The family of a deceased dialysis patient filed suit against Fresenius Medical Care, claiming that its Granuflo solution caused fatal cardiac arrest. The complaint alleged that the company failed to disclose known risks to hospitals and clinics outside its network.

February 6, 2012: Dialysis Malpractice Lawsuit Filed Over Patient Injury

A dialysis patient filed a medical malpractice lawsuit after suffering severe complications allegedly tied to bicarbonate dosing errors during hemodialysis. The lawsuit accused both the treating clinic and Fresenius of negligence in product use and supervision.

January 23, 2012: Granuflo Lawsuit Filed Over Fatal Cardiac Arrest During Dialysis

A wrongful death claim alleged that Fresenius’s Granuflo dialysate product caused cardiac arrest due to unregulated bicarbonate levels. The suit claimed the company distributed unsafe medical solutions without proper clinical warnings or dosage guidance.

January 12, 2012: Wrongful Death Lawsuit Filed Over Heart Attack During Hemodialysis

The family of a dialysis patient who died from cardiac arrest during treatment alleged that improper dosing with Fresenius dialysate solutions was to blame. The case was one of the earliest to raise questions about the company’s failure to alert regulators to patient deaths.

December 14, 2011: Lawsuit Filed Over Dialysis Death Linked to Fresenius Naturalyte and Granuflo

A wrongful death lawsuit alleged that Fresenius products caused fatal metabolic complications during dialysis treatment. The filing highlighted early internal warnings suggesting the company knew about risks but delayed informing healthcare providers.

November 30, 2011: Wrongful Death Lawsuit Filed Against Fresenius Over Granuflo Dialysis Treatment

A family filed a lawsuit after a relative died following dialysis with Fresenius’s Granuflo solution, claiming the product caused a fatal pH imbalance. The case accused the company of negligence, failure to warn, and defective product design.

November 15, 2011: Fresenius Sued Over Dangerous Drug Complications During Dialysis

An early lawsuit accused Fresenius of manufacturing unsafe dialysis drugs that contributed to a patient’s death. The claim served as a precursor to hundreds of later lawsuits consolidated into multidistrict litigation over Granuflo and Naturalyte.


1336 Comments


Darlene
My mother died in 2012 from a heart attack. She had an heart attack earlier in 2010-11 but it wasn’t fatal. She said that the Medicine during her dialysis was making her miserable. We call the Lawyer in the Lawsuit but they gave us the run around, then told us we didn’t qualify, which didn’t make sense.

Roberta
Praying we get the help we need .

Robert
My wife died shortly receiving dialysis in 2010. I joined class action lawsuit. When a settlement was reached. I was told my wife did not receive Granulo. This was not a problem prior to joining the class action lawsuit. They had all of her information. What it came down to was they used my wife as a statistic to win their case.

Lee
I hired an attorney 2014 on the behalf of my mother, she suffered a heart attack and had ovarian cancer… I live in Mississippi, haven’t heard or received anything..can anyone confirm this lawsuit was settled, if so why wasn’t I notified the outcome.

Rena
Underhanded handeling of this gigantic lawsduit. People lost. Lawyers won. Period

Becky
My mom died shortly after given the medication while on dialysis. We live in Texas, but when I called the attorney my sister hired, he will not release any info to me as I am not the client. This sucks! My sister refuses to give me any information, so can anyone help me locate a case number or point me to someone who can help me. Greatly appreciated. Thanks

Shasta
My mother was given granu for years on dialysis and suffered a heart attack and a stroke on the machine. When the attorney came she did talk to him, that was years ago. Several patients was awarded in the case but we never heard anything from them. My mother passed away in 2017 and I talked to another attorney which told me it was to late to look into this again. So I didnt know which way to turn for help.

Doris
My father died from this poison in Greenville, Mississippi and an attorney visited my sister who lives in Greenville and got all the children’s names and addresses! That was nearly 8 years ago and we have not heard one thing nor received any such related correspondence pertaining to lawsuit nor settle. Father’s name was Ollie King, Sr.

Keith
Was anybody’s claim denied? My attorney had me under the impression that I’d be a recipient of the lawsuit for 2 years; then I was hit with the denial.

Lil Jay
Well let me start by saying that i’ve received my settlement. Now before i tell the amount? I’d like to just share my story. First, I pray that all of you are able to live your lives to fullest in honor of your/our lost loved ones. Now, my Dad was on the Dialysis machine when he went into cardiac arrest. He was actually on the phone talking to a family member. He complained of being cold and chest pain. Then his last words were “Can you tell her to come over here. Somethings wrong with this thing”. He was used to getting cold because of the drop in BP. They medivac him to a trauma ctr where he was pronounced dead. That was 6/2011. Just before fathers day. He was 60 years old. His wife? Not my mom filed the suit. She was the EOE. So i didn’t have a say. Well now the reason you’ve all been so patient and read my post. I received (Drum Roll) $408.33. (3 ways). Wife, Son, Daughter. I don’t know if i was robbed by the wife? Or by the attorney? So i called the attorney. The same attorney who wouldn’t speak with me regarding the case during the case actually took my call today. (PS I never signed ANYTHING!) EVER! But i still somehow agreed to this settlement. Well, she told me that even though my Dad was using the Granu his batch wasn’t bad. But,,,,,because he did and was treated with it the lawsuit decided to have a heart and issue families some change. So, my dad was ill. He went to treatment. He fell more ill while being treated. He went into cardiac arrest. He died. And they gave me $408.33. And then the attorney told me that he didn’t die as a result of the Granu. When you don’t know? You don’t know! I never expected this check? Didn’t ask for this check. I was doing fine. Living life. Now i’m in my feelings. Hurt. I’d preferred they said “Hey, you don’t have a case sorry” over this. So iv’e chosen to put the check inside his obituary along with other memories i have. I can’t bring myself to cash it. But, then again? Maybe i will and buy the homeless some food. Pay for the person behind me groceries, gas or toll. Thanks letting me share. God Bless

John
My mother died as a result of their mistake. We were apart of that first 2000 to be heard and there was a major communication issue related to this the cases. Last minute dead lines ,etc… I feel the entire case has been handled poorly for all of us. Traffic victims are handled better that these cases are and their doing this world wide. They are a large enough company to acknowledge their mistake a respond appropriately to each victim. Something is being poorly done to represent our interest with this International company .

Angela
Same here Geraldine! No check, no response, nothing?

Geraldine
My mother passed away on November 17, 2008 , about 30 minutes after she had her dialysis done. My siblings and I have signed all type of paperwork. FedEx were bringing letters, in one letter it gave us a date, when to expect a.payment, that was back in 2015-16 I believe, we ain’t seen nothing nor heard nothing from the attorney on the case. My sister and I have made numerous calls, the secretary , tells up to leave a message for the attorney handling the case, but we never hear back from anyone. What’s going on with these cases.

Gale
I found out about patients died from granuflo by researching by my self. I showed the article to staff at my davita but seems it’s not important to them! I guess the old story “WHAT YOU DON’T KNOW WON’T HURT YOU”! It’s sad that we dyaillis patient are not told about this, but it’s both failure of the dyaillis clinic not informing us about this! I found out by myself? Why I just wanted to know if there was any deaths at davita clinic’s! HOPE THEY GET A FEAR AMOUNT BUT, I KNOW THEY WON’T BECAUSE THERE NO ONE TO FIGHT FOR THE PATIENTS! By the time you get the settlement every person will ttake there fees and leave with about 1% of all money for you. Don’t forget these lawyers are not your friend there part of the problem with your money settlement. That’s why by the time you get your settlement it adds up to pennies on a every dollar for you. Is it worth it? All lawyers wants there part besides have anyone aseen a poor lawyer!

@@.-'¥^
Larry i think your case was moved from the MDL to (St. Louis) this was done years ago you would not be part of the settlement If this happened. You would have to find out what happened in St. Louis with your case. MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion to remand this action [Doc. #19] is granted. IT IS FURTHER ORDERED that the Clerk of the Court shall remand this action to the Twenty-Second Judicial Circuit Court of Missouri (City of St. Louis) from which it was removed. IT IS FURTHER ORDERED that defendants motion to sever plaintiffs claims [Doc. #2] is denied. IT IS FURTHER ORDERED that defendants motion to stay proceedings pending the decision of the JPML [Doc. #5] is denied. (copy of order sent to Twenty-Second Judicial Circuit Court of Missouri (City of St. Louis) Signed by District Judge Carol E. Jackson on 1/15/2014. (KMS) Party Names Fresenius Medical Care Holdings, Inc., Defendant Fresenius Medical Care North America, Inc., Defendant Fresenius USA Manufacturing, Inc., Defendant Fresenius USA Marketing, Inc., Defendant Fresenius USA Sales, Inc., Defendant Fresenius USA, Inc., Defendant the Estate of Dorothy Posey, Plaintiff the Estate of Linda Aday, Plaintiff Deanna Aday, Plaintiff Abelino Benavides, Plaintiff Makita Brown, Plaintiff George E. Collins, Plaintiff Mary Glenn, Plaintiff Edward Grenham, Plaintiff Roderick L. Jackson, Plaintiff Verna Lummus, Plaintiff Irene A. Tenaro, Plaintiff Geraldine Wiltz, Plaintiff Denise Courson Withers, Plaintiff and the Estate of Charles Wiltz, Sr., Plaintiff the Estate of Andrew Glenn, Plaintiff the Estate of Denise M. Collins, Plaintiff the Estate of Emmaline Geter Brown, Plaintiff the Estate of Henry Clay Jackson, Plaintiff the Estate of Lydia R. Benavides, Plaintiff the Estate of Ronald N. Tenaro, Plaintiff the Estate of Thelma M. Courson, Plaintiff case number (13-2462) – Aday et al v. Fresenius Medical Care North America, Inc. et a

Larry Dean
My mother was named as a victim to granuflo but i can’t get any imformation on the settlement under Linda Carol Aday and my sister filed under Deanna Carol Aday

@-•_%
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,

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

Dawna
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.

Mindy
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!!

Cordelia
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.

Mary
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.

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

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

Peng
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?

Elle
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

Laurie
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.

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

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

Cris
I just waiting for providio to release the hold.

Judy
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.

George
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!

Jesse
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.

Please
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

Ann
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.

Elle
Yes the MDL fees are 11% .. paid 4% by each plaintiffs n 7% by law firms.. and then a Common benefit fee paid by all clients to their attorneys, the firms administration costs and finally the % of ur agreement 33-40%… certainly enough.. the MDL fees r paid to the steering committee firms. And it’s a lot

George
YES absolutely to Ron!!! Being charged MDL Cost & Fees? Anyone else? What is the difference between Cost & Fees? Anyone? My attorney will not answer me.

Elle
Yes I have made several comments regarding their low level energy.. has anyone received billing for MDL fees? And what did Joe post?

arthur
es I received my check in October…….It was a decent amount…… I am glad it is over.

Ron
Does it seem that the law firm in this case just figured that since they could be assured of a lot of money just by accepting the offer by Fresenius and doing no more really then filing paperwork for the claimants and collecting 40-45% plus fees . That we all got pretty much screwed over and didn’t have anyone truly fighting for us and our loved ones ?

Joe
Case 1:13-md-02428-DPW Document 2001 Filed 12/04/18 Page 1 of 4 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ______________________________ ) IN RE: FRESENIUS GRANUFLO/ ) NATURALYTE DIALYSATE PRODUCTS ) LIABILITY LITIGATION ) MDL No. 13-02428-DPW ) ______________________________) CASE MANAGEMENT ORDER 21 (DEEMING SETTLEMENT-RELATED STIPULATIONS OF DISMISSAL TO BE NOTICES OF APPEARANCE) December 4, 2018 Upon consideration of the parties’ joint motion for a settlement-related case management order (Document No. 2000), the Court finds as follows: The Plaintiffs’ Executive Committee (PEC) and Fresenius have moved this Court to enter a case management order to assist in the efficient resolution of those cases electing to participate in the global settlement program, in which the plaintiff counsel signing the settlement-related Stipulation of Dismissal never entered an appearance in the MDL. As explained by the parties, in connection with their election to opt in to the global settlement program, counsel for claimants executed signed Stipulations of Dismissal with Prejudice (“Stipulation”), which Fresenius has held in escrow, Case 1:13-md-02428-DPW Document 2001 Filed 12/04/18 Page 2 of 4 to be filed with this Court upon notification by the settlement Claims Administrator of the disposition of the settlement claim or the failure of an opt-in plaintiff to submit a claim for consideration under the global settlement program. Beginning in April 2018 and through October 2018, Fresenius has been notified of the resolution of claims and starting in about May 2018, began to file Stipulations. Additional claims will be distributed in the coming months, at which time those escrowed Stipulations will be ripe for filing. It has come to the attention of the parties and the Court that, in some instances, counsel signing such Stipulations never entered an appearance in the MDL. Based upon the representations set forth in the parties’ motion and for reasons discussed with the parties during the October 31, 2018 status conference, the Court agrees to the procedure proposed by the parties and finds that this procedure will most efficiently allow for the termination of cases when the time is ripe for doing so. The procedure will also provide a means by which the Court may exercise jurisdiction and authority over counsel signing the Stipulations, if such counsel’s participation may be required in connection with any issues concerning their settlement program cases. 2 Case 1:13-md-02428-DPW Document 2001 Filed 12/04/18 Page 3 of 4 Accordingly, it is hereby ORDERED That, for all settlement program cases, the filing of the Stipulation of Dismissal with Prejudice shall also constitute a Notice of Appearance for counsel for plaintiff signing the Stipulation where counsel does not already have an appearance on file. And it is further ORDERED that: 1. Plaintiff counsel’s appearance shall be effective as of the time the Stipulation was presented to the Plaintiffs’ Settlement Committee in connection with the settlement opt-in process; 2. The appearance shall run to the individual plaintiff’s counsel signing the Stipulation, whether or not counsel has since transitioned from the law firm of record for the settling plaintiff; and 3. The Clerk’s office shall deem as docketed a Notice of Appearance for the counsel signing the Stipulation in order to accept and enter onto the docket the Stipulation of Dismissal with Prejudice tendered by Fresenius and enter a final judgment in the case. All other appearances entered in the matter on behalf of the plaintiff shall remain effective absent a Notice of Withdrawal filed in accordance with L.R. 83.5.3 or with leave of court. 3 Case 1:13-md-02428-DPW Document 2001 Filed 12/04/18 Page 4 of 4 Nothing in this Order shall excuse counsel from the responsibility to keep current their contact information, including mailing address, firm name or affiliation, e-mail address and telephone number, to ensure proper notification of filings, proceedings and other Court events. /s/ Douglas P. Woodlock_________ DOUGLAS P. WOODLOCK UNITED STATES DISTRICT JUDGE 4

Mindy
I yet to receive mine or any information that doesn’t include the phrase “I’m sorry I wasn’t working your case when that happened” or “we have no new updates at this time”. I’ve contacted both Providio, who will not answer questions unless they’re coming from the attorneys and CMS of course won’t provide me with any information either since my father passed without a POA. My father would’ve spent every dime of his settlement holding these attorneys accountable for their action, or shall I say lack of, which is what I intend to do. They’ve done nothing but prey on us.

Steph
We haven’t received anything. Not even a letter to inform us of what is going on in over 2 years. Don’t even know which category our loved one qualified for. I don’t understand the reasoning for the lack of communication.

George
Has anyone NOT gotten their settlements yet?

Erin
My husband died a undignified death from negligence of Davita causing blood clot in fistula and delaying temporary catheter. It was a malfunction blew up like 2 water fountains of blood. The problem the sorry ass lobbyist in louisiana you can only sue up to 100 gran. Yep Louisiana is at the bottom of the list. Though My voice will be heard in Washington and Louisiana. Taking on justice solo for Steven Kitts Lake Charles, LA

Elle
Question? Has anyone received billing for MDL fees? Is this a part of the fee structure? I thought the attorneys received a large fee settlement for their work from the overall settlement? Seems the billing includes quite a few items that are questionable

Jeff
There is no justice. We have been at this for how long now? Five or so years, I’ve lost count. My attorney just sent a settlement statement. Our family was awarded a six figure and change settlement. Between the attorney group, and Medicare, we end up with three figures each. I can’t believe this rip off. And there’s still a wait for the check. Where is that??

Elle
Some have no MDL fees!! Some have varying percentages? ??? My attorneys are part of the steering committee, which were party to designing the settlement agreement, and have received the percentage of the allotted court agreed fo MDL fee which is taken from the total amount of the settlement and now seems to also be added to our individual client attorney agreements in varying amounts which seem unsubstantiated. The only answer seems to inquire about it directly to each of our lawyers… anything more known or to add?

Elle
Does everyone have MDL fees as part of you settlement? I have 3 legal forms listed, is this the same for all. And mine is in an estate, which I now have to proceed with settling, could have been advised early on. Anything else. I don’t know what to say George since everything is hushed we don’t have a clear diagram of how this works and I assualmost everyone’s first experience?!

George
Now my attorney says my settlement was not in this “wave” from Providio. I can not take anymore of this BS!! The stress is too much! What is it going to take to end this horror?????

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