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Fresenius Dialysis Treatment Lawsuit

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Austin Kirk

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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.

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Fresenius Dialysis Treatment Lawsuit

Heart attacks, deaths during hemodialysis may be caused by Granuflo, NaturaLyte.

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Learn More About

Fresenius Dialysis Treatment Lawsuit

Heart attacks, deaths during hemodialysis may be caused by Granuflo, NaturaLyte.

Learn More
SEE IF YOU QUALIFY FOR COMPENSATION

>>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.

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1336 Comments

Melany
Rena, I didn’t have any heart problems or issues. now I have to see a cardiologist twice a year. This started after the episode in dialysis
linda
My lawyer also states cases are in the hands of the right peoples that will be making the decisions on our cases and she informed me that MAYBE two or three weeks I shoud get a letter directly from the attorney but not their office but from attorney stating documents and HOPEFULLY the amount I should receive. She did not say they would state my amount but that should be the next letter I should be receiving. I definitely hope so, This has been a long journey. Whatever the amount is I want complain, I’ve learned to be thankful. I will forever hate until this day my husband ever taken this medication and I know for sure my husband was better off before he started this dialysis treatment. I watch him as he was leaving me, I would often tell him his body was failing him every since he started on the treatment, but he was hoping it was helping him instead. “MAY GOD BLESS EACH OF YOU”
Arthur
This is the latest info that I have . The 97% has been met. Funding of the settlement is the 26th of November or approx. date. Then they will an appeals process not sure of that date. Money won’t be dispersed until March or April. They have to figure out the liens and how many cases are still pending and what category they will be in. Then they will figure out the money part for each case. So that will take 3-4 months to figure. I can’t figure out why this is taking so long, they’ve had our paper work for years they should all be figured out by now. Somebody is making interest in this money.
Joe
Well the lawyers are asking for their $27,500,000 that would be 11% I told everyone a long time ago. So I guess you should minus that amount from the total settlement. It’s called the common benefit hold back. This lawsuit is done at least for the people that have opted in. Not sure if it’s going to even take until December but we will see.There is no reason for the lawyers to Pay anyone early all the money is sitting in the Granuflo qualified settlement fund.Anyway here’s the motion the lawyers submitted So they can get their money. Isn’t it bold of them to ask for their money Before any of us get ours. Not sure about The lawyers that told people within the last week or so they are just submitting documents now or a week or so ago. There is a Lot of activity but most of it has to do with opt out cases. Monday, October 16, 2017 MOTION for Order to Reimburse from the Granuflo Common Benefit Account of Capital Assessment Contributions and Held Expenses by Plaintiffs’ Executive Committee.(Gotz, James)
Anthony
I wish everyone the best I hope when you get your check you can move on. I know we lost from day one but we must put this UNFAIR experience behind us and remember our love one’s. Me myself I’m happy to be here i had 2 Hart attacks in dialysis and 1 at the hospital. I can keep raising my 8 year old daughter. I love all your. God bless
Debra
I asked my lawyer to verify the trigger and payments. This is what he emailed back to me. “As of October 12, 2017 the settlement officially triggered. Payments will not start in November and we do not yet have an estimated distribution timeline, but I anticipate that will happen in 2018. Perhaps you are referencing the settlement “funding” on November 28, 2017. This is not the same as a distribution to the client. This means that the settlement funds will be transferred from Fresenius and held in an account until lien research can be completed on each claim. A third-party company (Providio) completes lien research for all cases and once the cases are cleared, then the funds are distributed to our firm to distribute to the client. This process takes varied amounts of time for each claimant because some clients will have liens that need to be resolved before payments are made. Please let me know if you have any further questions.”
Amanda
I spoke with my attorney again this morning. The information she gave me was that out of all the cases that did actually qualify for mass settlment was down to the hundreds. Also that those that would receive the 1500 award those cases would not have to be reviewed. But those amounts whatever they add up to will be taken out of the overall set amount. Still no definitive time line of when payouts will begin but said the 1500 dollar cases would probably receive payout first. And between the first part of 2018 till this time next year would be her guess. Out of 250 something cases the firm had only 6 qualified because the criteria being so strict. She did also say that the portal should close on the 11 of novemeber. Joe is this accurate?
Debbie
I agree with all of you. This is off the subject but Did you all see the special on 60 minutes Sunday night regarding the opiate epidemic crisis? They had Someone who worked for the FDA on. He was the whistleblower, and he said the drug companies were flooding the market with these painkiller drugs with the FDAs approval and that’s why we now have the opiate addiction crisis on our hands now. This is very serious. It’s killing people and we have millions of people who are now addicted to these painkillers. It sounds like the big pharmaceutical companies and the FDA were in on it together and now we have a mess on our hands. Very sad. It’s all about money. Who can we trust anymore? In our situation the use of this drug that was administered was causing cardiac arrests and killed our loved ones. This is also very sad. I wish I had my dad back.
Rena
So basically if a person has pre existing illnesses, which is obvious or their kidneys wouldnt be failing,shouldnt drs be trained on how much of this poison people could take , and shouldnt people with heart problems never be given this crap, why are drs not getting any blame here also.Fresenius,Crooked Lawyers, and negligant uncaring doctors are all to blame and i pray for their souls.oh,i have been following this blog, but never shared because i get upset,and i know people on here are as mad as i am,but we cannot change things now, just please let it go away soon.
Pat
Fresenius will fund the settlement on November 28. My lawyer has submitted my case to claims administration process. The Nsettlement was triggered last week.
Joe
Look I have no idea what anyone settlement is going to be,including my own. Nobody knows what cases are going to end up getting $1500 except for the people that have already been notified. I just Said that because you said I was lashing out and that i was a unhappy person. There was no reason to say that about me. I tried to excplain what i meant in that last post to you.
Marie
Anthony, I totally agree with you that everybody needs to stop fighting. Seems like the lawyers tell everybody something different. Sometimes if you talk to the paralegal they have no clue. I truly believe also that the lawyers don’t give us the full story. I also agree with you that out of 10,000 people there had to been people that fit the criteria to sue the company. I know my mother had a cardiac arrest an hour after dialysis. She was blue when they found her but they brought her back. She had her heart checked at the hospital while she was on the ventilator. Cardiac doctor said her heart was totally healthy. If she woke up she would be fine. But unfortunately she had too much brain damage to wake up. I think we were definitely sold out. I’m not sure why they only got to try the cases that they chose. Why didn’t they get to finish the cases that the lawyers chairs. The only cases they tried were people that had other health issues besides kidney failure. It all seems rigged to me. These big pharmaceutical companies have so much money they can pay off anyone. We were doomed from the start. I don’t really consider it a victory getting a settlement. They are just paying us off to get rid of us. It is not a true win. Could never be a true win, unless I could have my mother back. That was why I wanted it to go to court and them to lose. Basically we are being paid off to keep quiet. I refuse to use their Dialysis Center. Unfortunately though they supply everyone with their products. So within the year I will probably be on Dialysis at home. I am scared I will have a cardiac arrest. Praying for all of us to find peace. Just get along. We all share the same similar events and goals.
Arthur
I agree with Anthony, something very wrong here. I feel their must be some collusion in these cases. Our Attorneys gave up too early. Back in February of 2016 when they agreed on this settlement my Attorneys in so many words told me that it wasn’t a very winnable case. Hard to prove case of Granuflo and Naturalyte caused these deaths. Pretty much Dialysis is a death sentence. Most have that and other diseases going on. Patients are in bad shape before they start. It’s kinda strange that the Head Doctor at Fresnius stepped down Nov. 2011 during the time of the recall. He knew something was wrong but he didn’t notify anybody about it. So go figure.
Joe
Melany. I do understand,it seems your Windfall was life Itself. The money large or small you get from this settlement will just be a bonus. Remember every day is a gift. Whatever the amount is going to be we will just have to except that there is nothing anyone is going to be able to do about it. Just remember I don’t have any amounts for any One specific case or claim. I do know however there will be some people that get far more than others.
Anthony
Stop fighting with each other we were sold out by everyone from day one the lawyers and fresenius was working together. How you go to court with 10.000 cases and lose. You telling me none of those cases fit the Criteria to win the suit. See how we were sold out and the lawyers want 40%
Laurie
Your right Debbie I am not smart to post what my lawyer sent me in an email or told me over the phone. Will not happen again. If my information is incorrect or misleading I apologize to all here. As Joe said if I am not careful I will be one of the ones getting $1500 since I do not recognize nonsense when I hear it. I meant no harm to anyone and certainly did not deserve the response I got from Joe but I am a big girl and will smile and move on. Good luck to all and God bless.
Sharon
I just sent my attorney an email asking for an update. He said “Settlement triggered yesterday. We can now moved forward.”
Debbie
I actually just read Laurie’s post again about what her attorney wrote her and I think it sounds like she is misinterpreting when her attorney said the “portal is not opened yet” with “the settlement has not been triggered yet” which is what my attorney told me. Could that be what happened? I don’t think she is intentionally trying to mislead people, but you can see how those two phrases can sound like the same thing when your not familiar with these terms, although she is supposedly repeating what her attorney wrote her and that attorney SHOULD know the difference. When I said Laurie was one smart cookie, I meant her lawyer, in the fact that I am in agreement when she said about how these big companies should not get away with the damage that’s been done and the procedures they are going to follow up on, so we’ll see what happens with that. And aren’t you guys all in agreement with me, (-and I think Joe said it too), when our attorneys told us some law firms didn’t submit the claims properly and that’s one of the reasons this is taking so long? I don’t want to sound cruel but What kind of lawyers are they that they dont know how to submit paperwork properly on something so crucial? I am in disbelief that actually happened, so I’m gonna say it one more time, I call bs on that one.
Amanda
Well today marks 6 yrs I picked my mom up from dialysis took her grocery shopping and left to tend to my babies. All seemed well had one of the best days with my mom. Shortly after I received a call saying my mother had been transporated by ambulance and during that ride was shocked 15 times trying to revive her. They got her to the hospital and put her on machines. Packed her in ice to keep her from convulsing. That phone call forever stays implanted in my mind how is it possible? she was just fine we just talked she was eating fish sticks we had bought earlier that day now she’s dying. Fast foward a year later starting this process trying to recover medical records from dialysis that claim she was never a patient. So glad my mom’s Dr was a great man he released everything and every document. I know Dr’s aren’t supposed to develop a relationship with their patients but I can honestly say this man cared. He even showed up to my mother’s funeral. Still to this day ask about my mother and offers any help he can. Sorry needed to vent it’s been a long day and the night just getting started. The tears,anger,hurt,sadness and all the emotions are all brought back up
Melany
Joe, my lawyer has also been very evasive. She said this whole suit has been unusual from the start, and she also told me not to expect a windfall. All I know is, I wish I had the life back that I had before January of 2011. I had the sudden death episode while I was on dialysis. I was in the hospital for a month, trying to relearn how to walk and use the right side of my body. It’s been a long, rocky road, praise God I’m still alive, but I’ll be glad when the worrying is over with.
Joee
Marie, You could be right. I don’t know,they may have extended the submission time for forms to the Claims administrator. I haven’t heard anything about that. All I know is what my Lawyer told me I can’t remember the date he told me but this is what he said. “The claims submission process will most likely end In September. There will be a period of time that the Claims administrator will be reviewing cases. We believe this will occur in October and end sometime around November Or very early December. You will receive a determination letter with the amount of the award shortly after, likely December we will keep you updated, thank you for your patience.”
Joe
Laurie,I have no idea what your issue with me is. For one I did not start this comment section on this website, so don’t say I own it. I don’t think it was ever meant to be any type of blog,but I don’t know that for sure. It was simply a comment section for people to post on thats what i Believe. I have nothing to do with it. I did not start it. I also will have nothing to do with when it ends. I am simply a person like you posting information I find out or have. There is no reason to get pissed off at me. If you Have regrets on something you posted on here It’s not my fault. Look if I disagree with what someone says or with what a lawyer said to you. I am going to post it and you are not going to stop me. It’s not directed at anyone person,if anything its directed towards the lawyer that gave you that information. I have no idea what lawyers are telling the truth and what lawyers are not. All I know is what I have posted ends up happening. . All I was saying was there have been many people on here telling everyone the lawyers are submitting documents to the claims Administrator now. Your lawyer told you the portal is not even open yet. Don’t you find that a little questionable? What I posted wasn’t directed at you specifically it was more towards the lawyers. What I was trying to say was a lot of lawyers have said the portal has been open to submit documents now. How can your lawyer say it’s not even possible yet ,when other lawyers have already submitted The documents to the claims administrator. At least that’s what people are saying on here. This is not my blog. If you Even want to call it a blog,it’s more like a comment section. I may post the most on here. I just happen to Be able to see the court documents and I am posting what they say. Don’t say I lash out. What I don’t like it when people give false information or information that is known to be untrue. How can your lawyer tell you the portal has not been opened yet,when you know for a fact It has been open for a while. That’s not lashing out that’s just telling the truth.People have been posting for quite a few weeks that their lawyers have told them they are submitting their papers now to the claims administrator. Then you come on and tell everyone your lawyer is telling you the portal is not even open yet . Then when I question it you lash out and tell me how rotten I am . That is so far from the truth it’s pathetic. Lash out at your lawyer not me. I’m sick Of you telling me how I lash out I am questioning what you are saying because it doesn’t fall in line with what everyone else is saying. You are The one that is lashing out. When people disagree with you. Every-time i post something you don’t like about your post you write a rude comment about me. You post I am a unhappy person. You are so wrong.I am actually a happy person and enjoy life to the fullest. You are just giving wrong information that is inaccurate. I am sure other people realize it to. Before you accuse me take a look at yourself. Look what some of these lawyers have done. Making people wait years and years and then telling them they are only receiving $1500. So yes I am blunt and to the point. The reason behind it Is because as you can see. A lot of lawyers are miss leading people. Making people believe things that are not factual. How would you feel if you waited five or six years thinking you were in category #1 Then you find out you are only going to receive $1500 Have some common sense.You have to believe what your lawyer tells you but you also have to question it. If it doesn’t sound reasonable or if it doesn’t add up with what everyone else is saying. Just for you know it wasn’t just one law firm there are more $1500 cases that will be receiving letters in the near future. If you’re not careful you will be one of those people.Its just a heads up. I used the word BS Because lawyers at telling people that other lawyers did not fill out the paperwork correctly or there are issues with it. Now doesn’t that sound like Nonsense. What law firm or lawyer Doesn’t know how to fill out a claim in a MDL? If that was truly the case that lawyer or law firm should not be practicing law. Laurie It’s pretty amazing how you post mean things about me, but try to make it sound nice How astonishing.
Reese
I was told this by my attorney. I think that datte is when it starts, but it will probably continue through 2018. Keep in mind things can always change. My lawyer have been upfront with me from day one. Also, Joe has been giving the same info that my lawyer’s have and then some. According to my attorney the judge has given a dead line of 11-10-17 for all claims to be submitted to the claim administrator. He has also instructed the claim administrator not to accept any more claims after that date. The settlement should trigger by 10′-12-17. So basically like Joe said some tine ago, claims submission should be done by November. In addition , since they started submitting claims, back in August, they have already been reviewed or processed. So by the time those remaining claims are submitted most of them should be done by then. That part is my own assessment. Remember things can chsnge and I could be wrong. But this is what i was told and this is what Joe has been stating the whole time. Thanks again Joe, you kept a lot of us encouraged. Good luck to all.
Judy
FYI my attorney told our family 2018 no sooner that’s all he has ever stated.
Debbie
P.S. we all know that Joe has it all going on here. He seems to have a lot of info which is great, but Laurie you sound like one smart cookie to me! I appreciate anything that anyone posts even the ever so controversial JohnB! He just tries to be an aggravating nuisance to ruffle our feathers, can’t you tell?
Debbie
This is what I think about the lawyers not submitting the claims correctly. That is almost impossible. When you, any of you people out there, let alone a lawyer, are dealing with large sums of money, don’t you check and recheck to make sure your forms are filled out correctly before submitting them? You know what I do? I even will put a call into the other party on the receiving end if I’m not sure of something to make sure I did it right and I have them go over it with me before I send it in. In this day and age with lawyers who have legal secretaries or paralegals working for them, that is so hard to believe they weren’t submitted properly. If that’s the case, I’m going to law school. I’m not saying Laurie’s lawyer didn’t tell her that because I think that’s what my lawyer told me too. That the other lawyers sending in forms incorrectly was the holdup. I call bs on that one too. I also know that sometimes cases that are lingering will settle at the end of the year for some reason, so look for either the very end of this year or like my lawyer said in 2018, hopefully the first quarter.
linda
reese where did th information com from that th funding date is 11-28-17. I’m only asking because my lawyer stated it will be the first part of 2018. I could have heard wrong, but this is what i understood him to say. Joe have you heard lately when that date is?? Thanks in advance
Laurie
I am so sorry I posted that information. I regretted it the minute I did it. Do not know why Joe you have to say those things but if you disagree with what I posted I am again sorry. I should have known better. This is your forum, as I can well see. If anyone disagrees or posts something you dont like you lash out. Very sad that you feel you have to do that. You could find better ways of saying things instead of calling “BS” and being sarcastic with “I hope that helped.” That is not helpful. I think your a very unhappy person and this is your only outlet. God bless all involved with this case, we are all going to need it.
Marie
I spoke to my lawyer Monday. They stated that they are just now getting the paperwork submitted to the claims department. He said that there was a hold up due to the $1500 settlement being paid. He could be telling me a story though. They could be one of the law firms that had errors and had to correct them. They actually called to ask me if my mom was on the transplant list or not was the initial reason for his call. My mom was not yet on the transplant list, but was working on it. She had to have dental work done before she could be listed. I assume if you are on the transplant list you get more points which equals more money. And he said payout will be sometime in 2018. Just telling you what I was told.
reese
Joe you were correct all along. Funding date 11-28-17. I appreciate you!!
Joe
Category 2 receive only 50% of what you would have received in Category one category two is for Naturalyte cases only. If They say you’re in category two good luck getting anything from this lawsuit. I hope that helped.
Joe
Thank you for that information in what your lawyer stated. I have a little bit of a issue with it however.If you look back at the posts there are multiple people that told everyone their lawyer stated that they are able to submit documents now to the claims administrator it wasn’t just me that stated that There have been multiple people that have stated that. My lawyer told me claim submission to the claims administrator. Will stop end of September. Your lawyer is telling you the portal has not even been opened yet, that concerns me. How can all these other people say Their lawyers told them they were able to submit. Information to the claims administrator but your lawyer is telling you the portal have not even been opened yet. I could see if it was just one person saying they were able to submit documents to the claims administrator but there has been multiple people that stated that there lawyer told them That. I would email my lawyer if I were you and tell her how come there are a lot of people saying their lawyer has told them that they can’ submit the documents now to the claims administrator but you are telling me the portal has not even been opened yet I don’t understand that. I am a little confused can you please help me understand it a little better. Look the fact is you are not going to change anything at this point but it would be nice to get accurate information from your lawyer. It seems like they are being a little deceptive toward you. I know for a fact and so do a lot of other people so-called portal have been open for a long time now in fact from what I was told it has been closed End of September. I am not trying to disrespect you I am just trying to help you I hope you understand that.You know sometimes in these lawsuits the lawyer will say well we tried but we were unable to submit your documents to the claims Administrator it takes the blame off of them . You obviously had problems with what she was telling you or you would not of posted what she said on here. I also call bullshit on all the other lawyers telling people the claims were not filled out correctly. These lawyers have gone to law school and your trying to tell me they can’t fill out a claim submission for a MDL. That’s not reasonable reasoning I call bullshit on that. What law firm is going to work for free to fix other lawyers Mistakes it’s unrealistic think about it.
Walt
Apparently it seem to me, not all “opted-in” cases will be evaluated by the claims administrator, Mr. Green. Branch Law firm, last week, sent a letter of denial to my neighbor, who lost her husband during dialysis of cardiac arrest at Davita in 2009. The death certificate stated so. Branch accepted the case. She had opted-in. The letter stated that the product was not used at that facility contrary to what she was told. They could have told her years ago she was not eligible. I am normally a very optimistic person and this take a lot of nerves for me to write this. My 39 year old daughter with 3 minor kids also died after having dialysis hours pass the 12 and 24 hours(she died 32 to 40 hrs after dialysis) time frame already predetermined before the MDL even started. she died sometime during the night but was found the next morning, documented on the death certificate as natural causes. She did not start having strokes(3) and a final heart attack until she was faced with using this stuff. I was told by Branch personnel that they would submit the records but has already determined the outcome of $1500.00 before 40% and expenses (no choice). “we have made that decision, not the claim administrator” I was told before all of this opt-in mess a year ago or so, that I will have to opt-in so they can get “their money”. I was initially denied as a client in 2012 by Cory, Watson and Crowder personnel “that since she did not die within 24 hours of Dialysis they would not take the case. Someone had already set the time frame criteria even back then. I saw on the web that they were taking cases that stated within 48 hours and contacted Branch. My daughter last hemodialysis was at Fresenius. They told them it was Naturalyte. Fresenius clinic personnel told me years ago it was Granuflo. I can’t prove it. There are only 6 eligible cases in Alabama. I wonder why? People are still dying after dialysis here. I have contacted the Attorney General Office when Luther Strange was AG. Did not contact my Alabama Senators, they seem to me to be for big business. Emailed Senator Elizabeth Warren, who serves on the Consumer Protection Committee in Congress. Contacted the attorney of record who seem to be just the between man. Contacted Judge Woodlock clerk office and was told that “it between the lawyers”. This kind of thing should be apart of “criminal justice reform”. Someone should go to jail. I have concluded that this was a setup deal from the beginning. This allows lawyers to be bought off, in my opinion, from weak cases chosen and cases not properly vetted by law firms. If law makers (lawyers) reform this practice, would that be like the “fox guarding the hen house”. This is my first and only post to a blog. There is a disclaimer on television and radio commercials for lawyers in Alabama that reads “No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers”. Thank you all for the information y’all have posted and for allowing me to vent to help me find closure in the death of my daughter. May we continue to pray for all who has suffered thru this tragedy of losing our love ones.
Carolyn
Torrianna, I too have Branch and I received the same letter. With them, it appears to sign off for the alternative or nothing. And I am will to bet we get nothing with the alternative. But, as I’ve stated before. The only reason I got embroiled in the mess is to make sure my darling Bill didn’t die in vain. At least his name is known and his death helped others.
Judy
Thank you so much Laurie it help me a great deal. Keep posting all information is good to hear at this point
Laurie
This is part of an e-mail I received from my attorney….. I know this route is exhausting and draining………believe me, I know!!! For you though (and all the other victims involved) the emotional toll is far greater, and I hope you know we recognize that. Do I believe that the billionaire corporations are held to a lower standard? Yes! This is what happens when you have loads of money at any level in life. You are able to get away with things us lesser people would never be able to get away with. But that’s where we come in. We’ll try like hell to insure the billionaires are held accountable. It’s generally a two-punch process. The initial bad press costs them money in the way of stocks and stationary distribution of a once lucrative product. Then the settlement payout is a direct hit to the purse. The payout won’t change—it will stay at $250 million regardless of the amount of claimants that fall within the settlement parameters. So regardless of who is counted in and who is counted out—it costs Fresenius the same money. There have been a lot of dismissals. Those dismissals are all cases that chose not to opt-in to the settlement for a variety of reasons. The cases simply cannot meet the legal requirements to proceed on their own. There are legitimate reasons some of these cases should not be included in the settlement. There are some cases where it is not so cut and dry. Either way, it is difficult for those involved to see past their grief and look at the logical reasoning. It is completely understandable. Your case is not one of those cases that shouldn’t have been involved. We feel your mother was a victim of a defective product and will be including her case in the settlement process, when that begins—which I think will be very soon. There is movement toward an official announcement being made soon. I will let you know as soon as that happens. There are a lot of cases out there and some firms are unable to give 100% to their clients. We are not one of those firms. We strive to give great service to every client we have, and I wholeheartedly mean that. It doesn’t mean that the client will get the result they want. Unfortunately giving 100% means you either prove or disprove a case. Not all of our cases will be or should be included in the settlement process. I also spoke with her on the phone also and her timing for this she says maybe the end of the year (she hopes) or early 2018 which some on here have stated. She can not say at this point since the portal is not “officially” open until they make an official announcement. Once it is open they will begin the process and that will take some time. If the number of cases goes down then the settlements will be quicker, there is no telling at this point. Not sure if this information helps or hurts but I thought my sharing it with all of you could in someway be beneficial. For Joe and all the others I have truly appreciated your help and information.
Joe
Remember always listen to your lawyer. I can give you court information but your lawyer may have More relevant Information for your specific case.
Joe
So everybody should already know what the summary judgments are for. I already posted that information earlier. Some plaintiffs asked for a extension to file a reply opposing the summary judgment. The judge denied the extension. He is scheduling a hearing on the summary judgment motion for November 21, 2017. Most likely he will order the summary judgments if he was not going to order the summary judgments on all these cases he would not have denied the plaintiffs opposition for motion to extend time to reply. He would have just ordered it and he did not. He actually Denied it. So it looks like the summary judgment motions are going to be ordered but not definite until after the hearing On November 21, 2017. Then we will know for sure. Once it is ordered that should be the end. They should officially approve the settlement . Because if the summary judgment is ordered that will trigger the 97% that Needed to be met to trigger The settlement. Everything is falling right in line from what my lawyer said like I said before he told me we should know by the end of November. claims submission ended Late September. Friday, October 06, 2017 1944 order Order ~Util – Set Hearings Fri 2:47 PM Judge Douglas P. Woodlock: ORDER denying1938Plaintiff’s Motion for Extension of Time. Responses/oppositions to the motions for summary judgment shall be filed no later than 5:00 p.m. on 10/16/2017. Any reply briefs by the Defendants’ shall be filed no later than 5:00 p.m. on 10/26/2017. The Hearing on the Motions for Summary Judgment is hereby RESCHEDULED from 10/25/2017 to 11/21/2017 at 10:00 a.m. (Beatty,
Amanda
It’s so aggravating to say at the least. Ithe honestly just feels as if they push and push hoping everyone will just give up
Linda
Joe, I just want to know, if i’m allowed to ask, what does it mean about catagory 1 and catogory 2? Anyone that knows can answer the question please.
Debbra
Joe I am not one of the Deb’s that said anything about you. So there are no hard feelings from this girl.
Pat
Thank you so much for your information. You have been very helpful as it is so hard to get any information at all.
Joe
There was a status conference on September 30, 2017. I don’t have any details It was sealed.
Joe
Not sure if i understand what happened with your case. Did you opt-in? Did your opt-in letter state they thought your case would be put into Category #1 ?was Granuflo used or was it Naturalyte.? You’re not giving enough information to understand what the reasoning is behind that alternative payment agreement. What was the date of the last treatment? It sounds like you were expecting a larger settlement and it looks like You were not offered what you were Expecting. We need more information To know exactly what happened with your case. A couple things you have to understand there are a large number of Naturalyte cases But A very Nero Window of Criteria That has to be meet. Meaning most people that filed a case and their loved one took Naturalyte will only be receiving $1500. Sorry to hear That terrible news about your case, sorry I don’t understand the details of if you could explain it a little bit more. Maybe we could understand it a little better. We all have to remember.There’s no guarantee on what the claims administrator has decided it could be far more or far less than what we are expecting Or hoping for. Wednesday, October 04, 2017 1943 notice Notice – Other Wed 2:45 PM OPPOSITION to1938 MOTION for Extension of Time to 12/14/17 to File Response/Reply to FMCNA’s Motion for Summary Judgment, filed by FMCNA. (Gioia, AnaMaria) Fresenius Is opposing The extension motion. Let’s see what the judge ends up Doing.
Joe
No Blanchard it is not all about the money. I know you’re not very intelligent but you have three or four states that have their attorney general involved with their state cases.If there were criminal charges that could be brought up they would have. If it was that simple to do then why haven’t you done it. Blame everyone else for not trying or not being able to do it what about you why didn’t you do it. You are a complete moron and if anybody is greedy it’s you. You are not posting on here because you want to help anyone you just want to see what everyone else is getting. You want to cause Problems. I got news for you Blanchard yours is one of the cases That is going to get dismissed. If your lawyer hasn’t told you already he will shortly. The order has not been released yet.
Torrianna
I got a letter today asking me to take an APA amount, basically 1500, not even that after fees. From what I gather.. Bullcrap. My father’s death certificate clearly says he was poisoned, he died less that 18hrs after his visit while admitted in the hospital. So because of wording we get slapped in the face? I’m kinda confused, they say it’s very unlikely but still a chance.
Mindy
It really upsets me that because we decided to sue these money hungry vultures for not pulling this product to begin with that we’re being told that we are all out for the money. I believe 100% that these people need to pay for what they’ve done. You know as well as I know that when it comes to big corporations the only way to stick it to them is by digging into their pockets and making them pay because after all that is what started all of this to begin with, THEIR LOVE FOR MONEY. If they had even an ounce of integrity they would’ve pulled the product long before multiple lives were lost. Maybe I sound bitter but let me tell you something, my father was the baby and I was his only child. My children and I lost our best friend, our mentor and the only man that ever mattered to us, we literally lost our lives. My father was my grandmothers caregiver. When he passed away who do you think stepped up in his place to make sure she was fed, bathed and cared for daily?!? My children and I didn’t even question giving up our stable home and our freedoms to care for my grandmother. I was working a full time job, caring for my 3 kids AND caring for my grandmother day/night. The only break we got from being a caretaker was while we were at work or school. Do you have any idea what it’s like to live a lie day in and day out? A lie that tears you apart emotionally inside and out? My children and I were living a lie for nearly a year. My grandmother had Alzheimer’s/Dementia and her other children felt it was best to lie to her about my father’s passing. I’d come home daily to her asking when my dad was going to be home and I would lie to her every day making up excuses as to why he wasn’t there. When I couldn’t take lying to her anymore and when I finally told her the truth it didn’t matter because day after day it was the same questions over and over and I’d give her the same responses. My grandmother was living the day she found out her son had died, over and over again. It was heartbreaking and was becoming too much to bear so I went back to lying. I eventually began believing my own lies and it destroyed me mentally. I honestly believed that as soon as the doctored cleared him to come home, he walk back through that door. I lost my mind and it almost cost me my family. So John, maybe in your eyes you see us as money hungry vultures and honestly I’ll tell you that your opinion doesn’t mean crap to me. You’ve not been in our shoes, you have no idea what Fresenius has done to destroy us. Am I bitter? You’re damn right I am!! Will money change any of this but in my mind, if we take from them what they value most then maybe they’ll feel just an ounce of the pain they’ve caused us.
Kevin
JohnB, how dare you make any kind of judgement regarding myself on why I am here and that all I care about is the money! And yes I have contacted every politician I can in my area district and so on, I so really would love to meet you in person to f-in punch you in the face, that is how mad you make me. I lost my only brother that being my only sibling at the age of 47. I was 46, we were the only siblings each had and we were very close growing up, and I lost him while he was receiving his dialysis in the chair going into cardiac arrest and then put on a vent and making me make the call to say pull the plug, on a side note we had lost our father at the age of 14 and 15, and our mother on New Years Eve 2008, so that left me with no family and for you to say I am here for the money is f-ing bullshit (so for the language I am so MAD right now) So don’t you ever again come on here and tell me that I am on here just for the MONEY and I don’t care about the future of Fresenius!! I will work until my last day on earth make this company pay for which they did to me and me only, because there is no one else. SO SHUT THE F-ING UP and do not insult me again like that. Or I will put that on my plate to find you and make you pay for being on here for the “MONEY” instead just to hearse us on here. I doubt this will get to the blog, but I can only hope. DAMN I AM SO ANGRY RIGHT NOW!!!!!
Joe
Debbra don’t stop posting. It was a mistake I made. It was nothing you did. You were just repeating what your lawyer told you and that’s good, how were you to know it was old. I wouldn’t stop posting on here.All the information we can get is good. We can see what the lawyers are telling people. Then if somebody knows differently than what The lawyer told that person somebody can posted and tell them. There’s nothing wrong with giving information that you’ve gotten from your lawyer even if it’s not up to date. We can at least see what these crazy lawyers are telling some of their clients it’s good to post. I wouldn’t stop if I were you What you post is quite helpful, Believe it or not it is. I for one appreciate it.
Anthony
I had three heart attacks in one day well I was on dialysis I’m happy to be alive I just want to put this past me. we were sold out from day one buy everybody involved God bless those who survive and the loved ones of those people who lost someone
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