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Fresenius Dialysis Treatment Lawsuit

Background information on Fresenius Dialysis Treatment lawsuits, settlements and litigation updates published between 2012to 2017.

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Russell Maas

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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

Debbra
I am Debbra with two b’s and not any of the others I will no longer ask or post to keep down the confusion but while I’m here…JohnB shut up and leave Joe alone you are a nuisance. Thank you Joe for you help.
Joe
Same crap as before Opposing the Summary judgment motion. Now who knows how long this is going to take this is nothing to do with Opting in or out. But the settlement will not be finalized from my understanding until they have all cases either dismissed or settled or get a court date. I have no idea about the dates they have obviously changed or will. 2017 is no longer feasible it’s not going to happen because of the opposition to the summary judgment. So who knows now. Wednesday, September 27, 2017 1938 notice Notice – Other Thu 1:22 PM MOTION for Extension of Time to 12/14/17 to File Response/Reply to FMCNA’s Motion for Summary Judgment, filed by: Mervyn Boyd 13-cv-11717; Charles Cameron 13-cv-12446; Daniel Carter 13-cv-12459; Joyce Marie Clark 13-cv-12460; Kathy Dennis 13-cv-12467; Gloria Cothern Dunaway 13-cv-11714; Janice McGhee 13-cv-13172; Michael McNulty 13-cv-12403; Kimberly Ross 13-cv-12478; Sophia Walker 13-cv-12487; and Beulah Williams 13-cv-12486. (Gioia, AnaMaria) Thursday, September 28, 2017 1939 order Order Thu 3:59 PM Judge Douglas P. Woodlock: ELECTRONIC ORDER entered. PROCEDURAL ORDER: On September 27, 2017, Dowdy Cockerham & Watt filed a Motion for Extension of Time seeking an extension of the October 16th deadline to file oppositions to the pending motions for summary judgment. In order for the Court to address the issue in a timely manner, any opposition to this Motion shall be filed no later than October 4, 2017. In addition, Attorney James Gotz shall file an affidavit in response to the paragraphs of the Motion addressing the actions of the PEC, no later than October 4, 2017. (Gioia, AnaMaria)
Joe
I see so there are multiple Debra,Debbie, Deborah i must have gotten confused. One Debra changed her name to Debbie then there is a Deborah that is Similar to the rest of the names. So it’s hard to remember which one posting what. If Someone post something with the same name how do I know which one it is? How Would anyone Know? There may be more than one Debbie on Here also. I don’t know now. You can see where the confusion comes from. So relax you can see How it can get confusing. It’s like if there was two Joes a Joseph and a couple Joeys On here I bet you would get confused also.
Debbie
I also am Debbie that posted about the liens. Maybe I shouldn’t have posted that on here because I could confuse everyone. Regarding the Debra that you are speaking of maybe just maybe that is what the paralegal told her and we know it is outdated information. I don’t talk to paralegals either, but I think attorneys let them handle things if they think they are capable of relaying the info. My attorney did tell me the same thing that the settlement has not been triggered yet although it’s supposed to be soon. I’m sure we will all find out when it’s been triggered either from our attorneys or from Joe. And then after that It’s all based on when the claims administrator makes his final decisions when everybody gets to know what category they’re in, with the add on points etc. and he said to me flat out with a distinct big “NO” that nothing will be completed in 2017.
Debra
Joe I am not the Debbie, Deborah or Debra who has been saying stuff on here so don’t confuse me with the others. What I posted is the actual wording on the email sent me this week. I have never mentioned numbers before because my lawyer never has said anything about the numbers. I think I might have posted 3 times on here. Again please don’t confuse me with the others. I always look forward to hearing what you have to say. Thanks
Debbie
Joe, I certainly hope that was not directed towards me. Once again, I am Debbie and not Debra. Debra does have old information for sure but maybe that’s what her attorney told her. That post was from DEBRA not me. My information is accurate. Recently, I was told some estimated numbers from my attorney like how many people opted in, about how many cases were dismissed, about how many people are falling in category one, but I would never post the latest numbers he gave me Just in case it’s inaccurate. You are confusing me with Debra.
Judy
Joe you are correct I remember that information she put on here months ago and like you mentioned some of the information is old or don’t add up, our attorney info pretty much match yours that’s why I believe what you post on here. I wish Jon b would get lost negative moron. Thanks for sharing.
Joe
I don’t know how many cases there are left but I doubt there Are 8000. Even if there were 8000 you know for a fact they all do not fall into category 1. Something you have to remember. This is not going to be divided up equally. If that was the case how would They pay out the people that had add-ons. We will just have to wait and see. It’s better to be optimistic then pessimistic. I hope the best outcome for us all. I truly don’t know how many cases there will be And what the determination by the Claims administrator Will be. I don’t know how much to expect but it may not be what people are hoping for.
Marie
John, I do care about this still causing cardiac arrests. My family has pkd kidney disease, which has been passed down to most of us. I am at 17% kidney function and soon will be on dialysis myself. My mom had the cardiac arrest 5 years ago only 1 hr after dialysis. So I am very scared and anxious to go on dialysis. I am going to try to do PD dialysis at home. No one seems to listen to us. Our lawyers couldn’t even make them pay a reasonable amount for this happening. They even recalled the granuflo and just relabeled it with no changes. How do you fight a huge company like this? They even supply the home dialysis supplies to people. Maybe after all this is settled, we can go to the news and our state representatives. Anyone else have any ideas how to prevent more lives from being lost from this company? Thank you Joe for all your info!!
Joe
There were actually about 7700 that Opted in. Many have been dismissed. The information your paralegal gave you is old. Paralegals never know as much as the lawyers do..They are subsidiary to a lawyer they No far less than what The lawyer oh’s. It makes no difference to them if the information they give out it’s accurate or not. That is why I refuse to talk to the paralegal in fact my lawyer would never let the paralegal talk to me. Let me ask you something Debbie why are you the only one that are throwing out numbers did the paralegal really tell you that. Something doesn’t add up. When I talk to my lawyer he said there were far less than Was once thought. When I look at the Court dockets there are only 3324 pending actions so how can you tell me there are 8000 case that Opted in. If that was the case there would be 8000 pending actions in the court system and there are not. Debbie you are probably a good person and Mean well but from now on I am just going to have to ignore what you post it is not factual and is miss leading to many people. Just to remind you that you came on about a month ago And told everybody there were 4000 cases. No more cases could have opted in at that time so how can you now say there are 8000 cases now ? You are misleading people on here. I don’t know if it is being done on purpose or if you are just going online and looking up old information and telling people you are getting it from your paralegal or what. Why don’t you call the paralegal and ask him how can there only be 3324 pending actions in court and you are telling me there are 8000 people that opted in.See what his answer to that is. People can look back about a month ago where you stated they were 4000 cases now you are telling everybody they’re 8000. What you are saying does not add up. One month its 4000 A month or month and a half later there are 8000 those those are your own words. So how can you expect people to believe what you say.
Debra
This is from my paralegal yesterday. “The settlement still has not been triggered. We have not heard back from the claims administrator on the qualification status. I anticipate that process will take several months since there are approximately 8,000 claims which opted-in to the settlement which will require review. Once we have more information on the qualification status I will let you know as soon as possible.”
Debbie
Yes JohnB what constitutes your reasoning of Joe being a fraud? He is merely posting what information he finds on the court case website. Why is that fraudulent? Is he an imposter trying to portray he is someone else? Is he a Russian spy trying to wreak havoc? I’m confused by the fraud accusation. The numbers he throws out there are just his opinion or maybe he heard it from his attorney. The truth is, we don’t know anything until the claims administrator has completed everything. But obviously people are asking about the numbers. And in answer to people just worrying about the money what else do we have left? This is a small compensation for what we lost, so even though it sounds like it’s about the money right now, how do you know that people aren’t going to take action after this lawsuit is finished? According to my attorney it’s not the granuflo that was the problem it was the amount that was being used or the improper formula that was used. So now what do we have left? In the beginning I was very concerned about Granuflo still being used on people and asked my attorney about it, but to be honest with you it was so long ago, I can’t remember what he said that’s how long we’ve been playing around with this. So try not to be so critical unless you can “backup” your fraud accusations. As far as I’m concerned, Joe is only trying to help the best way that he can.
Joe
You have to realize Naturalyte Is different than Granuflo they are both manufactured by the same company and are used for the same thing but Granuflo it’s concentrated not in a liquid form Naturalyte Is in a liquid form and comes in 55 gallon drum’s.“I believe that Naturalyte should never have been included in a Class 1 recall, which warns of serious adverse health consequences or death. It would have greatly helped everyone understand the situation if Naturalyte had been explained separately. Naturalyte has the same chemical composition that is used by virtually all dialysis concentrate manufacturers and includes some risk factors for errors. GranuFlo, however, has a unique chemical composition that includes the use of sodium diacetate, which can double those errors, as well as increase the risk of potential harm to patients. The use of GranuFlo and other concentrates in the same clinic also greatly increases the risk of errors by clinical, technical, medical, and information technology staff.“ JohnB All you do is come on here and get information and then if it is not to your liking you try to disrespect me. You post nothing. All you do is gather information and then complain about there not being any up-to-date information. You are a complete moron. Why are you so concerned about everyone else? You just want to see what everybody else is getting,You’re crazy Look Blanchard. I post information on here for everyone if you don’t like what I post Or think it is incorrect don’t come on here. You have nothing to share except complaints about what is posted by me. If you were in category one would you still be complaining I doubt it. Repeat one thing I said that was not true. You cannot because everything I have posted is factual there are a few things that are just my opinion. The majority of what I post is factual. You moron I never give advice to anyone I just explain what is happening in this case and what my lawyer has stated to me. I do not tell anyone to make any decision on what I post. I would never do that. You Ungrateful jerk.
Terry
Moderator, please block JohnB and any users using his ip address. He is disruptive to the conversation here and is a nuisance to the readers. I for one am here for information and have gotten Great value from the posts of one person in particular: Joe. Again, please remove and block any future posts from JohnB and others using his iPhone address.
Joe
Terri Naturalyte Compensation fund should be listed in your Opt-in letter. I can give you a brief summary of category 2. Pay out. The Naturalyte Compensation fund Provide a very Narrow Exception To allow for compensation to Patients who were treated with Naturalyte It would have to have been very specific conditions that took place. Because few cases are expected to qualify for the Naturalyte Compensation fund . The fund is limited to $5 million. The Claimants Will have to provide the same criteria as for in the Granuflo compensation fund. Except the cardiac arrest must have occurred within 12 hours of their last dialysis treatment In addition these claimants Must provide Predialysis lab work that was of a certain level and also The bicarbonate Prescription was also of a certain level.In affect the Naturalyte Exposure was more like a Granuflo Exposure. The Naturalyte Follow the same base and add-on formula as The Granuflo Compensation fund however the Naturalyte will be capped at 50% of what applicable Granuflo award would have been. There you go Terri, here are some motions filed In court recently. Friday, September 15, 2017 1935 respm Statement of Material Facts L.R. 56.1Fri 1:36 PM Statement of Material Facts L.R. 56.1 re1933 MOTION for Summary Judgment FMCNA’s Motion for Summary Judgment on the Claims of Opt-Out Cases Involving Non-Arrhythmia Events or Injuries not Proximate in Time to the Last Dialysis Statement of Undisputed Material Facts in Support of FMCNA’s Motion for Summary Judgment on the Claims of Opt-Out Cases Involving Non-Arrhythmia Events or Injuries Not Proximate in Time to the Last Dialysis filed by Fresenius Medical Care Holdings, Inc.,, Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc..(Bennett, James) Modified to add defendants on 9/15/2017 (Beatty, Barbara) This motion basically means they want the cases that Did not opt in and Did not have a cardiac arrest to be dismissed. If the cardiac arrest did not occur within 24 hours after treatment. Applies to both Granuflo/Naturalyte This has 56 pages Don’t know how many people per page. Friday, September 08, 2017 1925 respm Statement of Material Facts L.R. 56.1Fri 2:57 PM Statement of Material Facts L.R. 56.1 re1923 MOTION for Summary Judgment FMCNA’s Motion for Summary Judgment on the Claims of Opt-Out Plaintiffs that are Barred by the Learned Intermediary Doctrine Statement of Undisputed Material Facts in Support of FMCNA’s Motion for Summary Judgment on the Claims of Opt-Out Plaintiffs that are Barred by the Learned Intermediary Doctrine filed by Fresenius Medical Care Holdings, Inc.,, Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA Sales, Inc..(Bennett, James) With this motion basically means is Fresenius Was not responsible for warning the patient of the risk or side effects After the warning letter Were sent out basically it was the doctor’s responsibility to For warn The patients of the risk or side effects of the drug. This applies to both Granuflo/Naturalyte . This motion is 33 pages don’t know how many people per page. Monday, August 28, 2017 44 notice Notice – Other Mon 12:51 PM Statement of Material Facts L.R. 56.1 re 1913 MOTION for Summary Judgment On the Claims of Opt-Out Cases Lacking Evidence of Elevated Serum Bicarbonate Levels filed by Fresenius Medical Care Holdings, Inc.,, Fresenius Medical Care North America, Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc..(Gioia, AnaMaria) This order is Basically exactly what it says it is there’s nothing more to it than what it says. There are 52 attachments to this attachment equals one page I don’t know how many people per page. Wednesday, August 23, 2017 53 notice Notice – Other Wed 11:16 AM Statement of Material Facts L.R. 56.1 re MOTION for Summary Judgment On The Claims of Opt-Out Plaintiffs Involving Naturalyte filed by Fresenius Medical Care Holdings, Inc.,, Fresenius Medical Care North America, Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc..(Gioia, AnaMaria) This applies to all Naturalyte cases that did not opt-in there are 60 pages I don’t know how many people per page. :
SHharon
I spoke to my attorne’ss paralegal last week, and she said tbat the hold up was some attorneys had filed incomplete paperwork and that was the hold up. She said it is down from about 1700 to between 100 to 300 that have been corrected. Hopefully soon we will here something.
terri
Joe i enjoy reading your messages i am puzzled i am in the and if the Naturalyte have put aside 5 million for those people and you only get half what granuflo wouldn’t that amount have to be use all for Naturalyte case i am so confused i got papers from my attroney when we had to decide if you wanted to go in or not he said you could get between 70,000 to 100.00 without there percent out it would be nice to know the truth how do you find this information my husband died in 2005 one hour after his visit and i guess i was lucky all his records was there but i did get them before the lawsuit i thank you for being a voice and again thank you
johnB
This is freedom we all enjoy on here to share information not to knock ppl for what they believe. It is my right to call out to Joe what I think about him and his information. He is a fraud and has that history tag from a previous blog. I am here like many of you to find information. But all I find in joe , comments is old and outdated information. Listen to your lawyer, he/she knows best what is the status of this lawsuit and when and how much money you will get. I get the impression all of you are soley interested in money and that is what drives this blog. Many ppl died because of the dam company, but will anyone here try to do something to avoid this from happening in the future. Have any of you call your congressmen representation and asked for an investigation into this matter. NO all you are interested in is the money and following an idiot like Joe who really doesnt know any more that can be found from the internet sources and your lawyers. It is shameful and disgraceful how often money is mentioned on this blog. People unite and take action with you congressman and representations to punish the company and run them out of business.
Debbie
Joe is good for the updates. I am good for the timeline in that my attorney told me a long time ago payouts will be not until 2018 and hopefully the first quarter. First quarter meaning January-February-or March 2018. I don’t have any other information but that. I don’t want to call him right now because that’s the last thing he told me and he probably doesn’t have any more info for me and now your attorneys are telling you the same thing so that’s a good sign. Hopefully about 3 more months folks!
Amanda
Thank you Joe for coming back..please don’t leave again. Without the information that you give then there is no information. My lawyer is one them that just waits till everything is over and leaves no updates. So I do appreciate any information that you share. So I’m assuming the time frame is still on for the first of 2018? Are do you think we will start seeing pay outs before then.
Angie
I come here for updates…My attorneys suck at communication. Happy you are back Joe.
Kevin
Also, sorry forgot to add this to my last comment! To who ever thinks Joe is wrong, lying, exaggerating, ect……. This site is not a site to try to call anyone out. We are all here for the same reason, to find any info we can not get one way or other. Joe has been the most helpful out of anyone. And if you don’t like what he is saying then you leave stop make statements about other people about what they post if you can not back up your mouth. Finally if you have any correct info not made up to make yourself look better then some others LEAVE!! and let us have this site to discuss what info we find out either reading, investigating, our lawyers or where ever how ever. STOP NOW we have all been through hell and back with this law suit from day one we don’t your BS about other bloggers. I hope all gets posted it needs to be said, also the mediator needs to block any IP addresses from people who are on here just to try to call out any other people.
Kevin
I just spoke with my lawyer, he informed me that they have reached the 97%,but they are dismissing a lot of case due to numerous reasons, Some attorneys have some clean up work on a few cases and then it will be triggered to be released. From my attorneys office all their cases have been uploaded and just waiting for the word to send up the info to the adjusters to determine how much clients get for who is still on board. Now have no idea of that number. This clean up that needs to be done should happen with in the next couple weeks. They have no idea how long that process will take. Final the pay outs will be early some time 2018.
SHharon
I spoke to my attorne’ss paralegal last week, and she said tbat the hold up was some attorneys had filed incomplete paperwork and that was the hold up. She said it is down from about 1700 to between 100 to 300 that have been corrected. Hopefully soon we will here something.
Debbie
I’ am Debbie and not any other person, JohnB there is no reason to get so vile with your comments. I can’t understand why you speak of Joe so horribly. That’s not nice. I know I sound bitter but I don’t have any direct anger toward anyone on this website. Please try and post something on this forum informative to all of us.
Joe
No Debbra unfortunately I do not know how many cases are left. But there are going to be far less than what was anticipated early on in the settlement. The opt out cases that they are dismissing are still considered pending cases until they are dismissed. So if there were 3300 pending cases And more than half Are dismissed on summary judgment That would leave 1320 Pending cases. My believe is out of that 1320 approximately 60 to 70% are $1500 cases. Look at the context of the settlement letter first of all they are deleting all Naturalyte cases that did not opt in and according to the settlement letter We received when opting in. There will be few Naturalyte cases that qualify And the Naturalyte fund alone is $5 million. My understanding of few Is more than one but not many. So even if there are 10 Cases Claims in the Naturalyte Category which is the $5 million fund each person would receive $500,000 and as you see in that fund they pay only 50% of what they would have received if in the Granuflo compensation fund. Think of a few like this,she has a few friends. The way I see that is she has three or four friends. So my belief is the payout for the Granuflo claims is going to be quite large, Just my opinion but I bet I am right.
Judy
Thank you Joe for posting information again! We need you this more than you know, don’t pay the jack asses any attention. A clown need attention
Debbra
Joe do you know how many cases are left?
Joe
Me not posting had nothing to do with any one person here this is a open form for everyone to post on.I hope no one stops Sharing informtion. Update on the case,They are deleting all Naturalyte cases that did not opt in based on the Dial Trial outcome. They are also deleting all opt out Cases Involving Non-Arrhythmia Events or Injuries not Proximate in Time to the Last Dialysis Treatment. There are 32 pages involving the Naturalyte cases that are being dismissed I don’t know how many people per page but I know it is not just one case per page. There are also 26 pages for the not Proximate in Time to the Last Dialysis treatment cases both Will be summary judgment orders. They are also asking for summary judgment on the opt out cases that were filed after the warning label and or letters were sent out. I believe there are 19 pages for those cases So for the people getting $1500 it may have seemed unfair at the time,but you probably made the right decision by opting in. It looks like The majority of people that did not opt in will be getting their cases dismissed. However I don’t see very many Granuflo opt-out cases being dismissed. The summary judgment motions are being filed under seal meaning the order or the cases involved will not be made public. JohnB is a deceptive person. This website did not block me nor did any other website block me. Irvin Jackson is the web Monitor of this blog you moron JohnB . He has more information about this case then you would ever know. I don’t post in accurate information you dumba** .I truly wish they would block you your are a Liar you stated you were getting $600,000 before on a different website from this MDL lawsuitI. I try to ignore you. You are so ignorant though it is hard to do. I truly wish they would block you. You do nothing but antagonize people on here Or at least me. Many people asked me to come back on so I have. The information I give is correct. The information you give is not correct. Go back to your psychiatric ward crazy man. You keep talking your crap about me and I will not come back that is a guarantee. You post under multiple names so half the people posting I believe are you. You are a deceptive person. Talk crap about me one more time you will not have any more information about this case and nor will anyone else on here at least not from me. That is a guarantee and a promise. I recommend the people on here recommend That JohnB ip Address be black so we cannot come on under different names and I can continue to post the information I received for everyone.
Debbie
I am merely posting what my attorney told me there is no reason to think that I would be offending anyone or doubting what they say. Joe was taking everything personal like I was doubting what he said. Nothing should be taken personal on this website we’re all here to help each other. He didn’t even have to answer me but he felt compelled to always make a comment with what I had to say. At first I thought he was a lawyer because he had access to all the information from the pacer website which I can’t get on, but with his misspelled words I don’t think he is. I’m not criticizing him but he seemed to have a hothead.
johnB
Sorry, Joe has a record of misleading ppl and being hateful and ignorant about the subject matter. Good to be rid of this blow hard know it all know nothing.
Arthur
Joe has gotten pissed off before and he’s comeback as well. I’ve been on this blog and Nephrology News since day 1. I’ve talked to my Attorneys and they had said it would be any day now. My Attorneys aren’t in no steering committee, giving out BS info like Debra, Debbie or whatever name she goes by. They just happened to be the lead Attorneys in these cases.
Irvin Jackson
“Joe” was not kicked off or banned from these blogs.
Torrianna
No, he’s gone, Joe. I was wondering the same thing. Like, this late into everything. I do truly appreciate you helping me understand this. I would be lost if not coming here looking for your comments. Please don’t stop till this is over. I’m with Branch and they seemed annoyed the few times I call.
Cynthia
Debbie, You are probably one of the reasons Joe stopped posting. Mission accomplished!
johnB
I believe “Joe” was kicked off this blog like he was the Nephrology blog for disabeying the rules.
Linda
How do we know that the medical records are correct? I requested medical records from Fresenius, which are stored in a facility in Stone Mountain. It took months to receive them. Instead of them being sent to me , they were sent to the facility that my father had treaments then sent to me with a little note stating that the records take time. I never received all of his records. For all I know they could have taken some out explaining the date. That could be why everyone is told $1500.00.
John
The government and these corporations are one and the same. The government allows the foods that they know are not healthy to be put into grocery stores in which they then are sold to consumers and these foods causes these diseases which the pharmaceuticals gets big bucks and then you end up paying in the long run. Then they make billions of dollars in the courts to say that it was your fault all along and then the tab is picked up by the taxpayers. You see how this works.
Betsy
I just came across this site. My husband passed away Oct 11, 2011. He was in skilled nursing and passed away sometime after 11pm on the 10th until 5:30am when pronounced dead. There was not an accurate time of passing. Because of his religion, no autopsy was performed. I signed a paper saying I could accept $1500 or I could receive nothing. This whole thing is horrible. I lost my husband. At this point, it has carried on for so long and I feel like I’m being told his life didn’t matter. Just wanted to vent.
Elle
I hv not been on site for quite awhile and terrible that the plaintiffs r suffering more because of dragging this out more m more. There s a pattern to mass tort law suits that follow form, sad to say. Attorneys advertise for clients., sign many up, intending to hv many clients and more revenue. Repeat Performers, tell u that u will b compensated for the loss to ur family. The reason in this case was that they knew there were issues affecting patients and that the company knew but it was hidden from the public n therefore they were at fault due to not disclosing the connection to granuflo causing aging, stoke and heart issues n potentially death. Memo circulated internally. For those of us who lost people, homes, income, life, this proposed settlement which has been forced upon us, we r meant to b okay, returned to whole. The attorneys hv not budged on their fees nor will fresenius hv to admit wrongdoing. And I know that my family will ever b the same, especially after this absurd handling of our lives, all involved. Do u all know that the judges can only respond to the decisions passed On to them. The lawyers steer these lawsuits in the direction they want to go, from the beginning. It may not be contrived but it has been certainly not our decision or input. Mislead, misdirected, and misinformed. So Joe has removed himself, perhaps his work here is over.
Ima
… come back Joe… yours were the only comments that I read… From a silent listener
Angie
Damn, you guys pissed Joe off
Cynthia
Joe, please don’t stop posting your findings. You have been such a great help to all of us with your valuable information. I miss you already. I look forward to hearing from you again.
Ruth
What happened to Joe? I feel like he was giving us valuable information that we needed. I really don’t know what’s going on but we’re all looking for closure. Lawyers tell you nothing so i come here for my information.
Debbie
Yes I guess I am bitter. My father died. We have to split the settlement equally between myself and my other five siblings and who knows in the end what if my father ends up in that $1500 category. Please keep this blog open. If anyone has something to say, post it. It helps to know that I’m not alone in this fiasco. Even if you want to give us your updates from your attorneys or share your experiences regarding this lawsuit let us all know. It helps to make the time go by faster. When joe posted all that stuff from the court case I don’t know what the heck any of that meant anyway. I would have liked if everything was explained in detail Instead of all that legal jargon just like when you go to your doctor and they explain every surgery or procedure in detail so you understand what’s going to happen, but maybe that’s all Joe was able to do. Please everyone keep up your posts and we can try and help each other with info we receive. Just like when I told everyone about the liens that could be placed on their settlement check. I got that information from my attorney and I thought I would share it with everyone. it doesn’t necessarily mean that you would have a lien on your settlement, but that’s what I was told from my attorney. I thought that information would be helpful to everyone.
Kim
Joe, This is the first time i have ever posted and the reason I am now is because I saw your post about not being on here anymore. I really hope you will reconsider your decision. The information you have supplied people with is invaluable. Please do not leave this forum you are the only way i also get information about this nerve wracking lawsuit. I and alot of others really appreciate the updates and hope that you will change your mind on not posting here anymore.
john
i would be inclined myself to opt out , i am tired of waiting . i believe that i am going to press the issue with my D.A. to persue murder charges/
terrence
My father n law passed away FIRST time going to dialysis.Wasn’t there 30 mins and had a heart attack he wasn’t even sick had a birthday party planned for him after he left dialysis he didn’t even make it imagine having to call all his love ones and explain to them what happened .On top of all that the dialysis center lied in their paper work saying he died at the hospital he died at the center we live 5 blocks from the center we beat the paramedics their and my wife is a nurse she checked his pulse didn’t have one my attorney found that out plus no one at the center tried CPR UNTIL PARAMEDICS ARRIVED
belinda
My husband died in2012. I filed with alawyer in 2013. my lawyer told money would come in dec or jan. how do I find out money I will get.My husband was on this for 34 months.
Judy
Joe I hope you continue to post as I need this reliable information and it’s always facts. To it for us plz and thank you
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