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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

Carolyn
Joe, Please keep posting. Don’t let a few bitter people drive you away. Many of us truly appreciate your efforts and information. But if you do go, thank you so very much
Ken
My Mother all most pass 6 times in the chair at Dialysis center they sent her to the hospital each time She was brought back to life.But she was like a stroke victim.the last time this happened they sent her home 2 days later she pass.and they tell me that you can only get $1500 and she got both Granuflo and Naturalyte she never recover.I feal that i been sold out for what has happened to my mother she went throught hell for some year
Cynthia
Debbie, please stop. You’re just confusing everyone.
Jeanie
Got a letter from my lawyer stating that he would go ahead with the claims submission to grandaflo compensation fund in the next 14 days!
ivy
I am heartbroken over the court decision to force so many cases to opt in and they will receive so little compensation for the death of a love one. The court system/lawyers does not seem to have the families best interest only the companies payment for there fees and services. Far to many people have lost love ones and now for me 5 years later I just want to move on with fresenuis excepting responsiblity for the many death and end these cases. the $1500 offered will not pay for a vault/funeral expenses for my love one.they owe each family to at least the amount to cover funeral expenses for love ones and funerals startat $5000 and up.
Debbie
I am not doubting or disbelieving anything you say. What your attorney told you is basically what my attorney told me earlier this year. I am just astounded at how long this has taken since the checks were supposed to be in our hands last year at this time, if you recall what our attorneys told us. So I’m just saying nothing surprises me after all this time if this gets extended longer than November. Something always seems to come up for further delays. And again, I’m very pissed at what this has settled for. 250 million is chicken feed for the loss of our loved ones, When the blood thinner lawsuits settled for 650 million and I’ll never get my father back. That settlement is nothing when Fresenius is worth billions. No amount of money is worth a loss of a life that was preventable.
Joe
You are correct the settlement has not been funded yet. It will be though not sure if they have met the 97% but they are going to fund it for the people that have opted in. One way or another it will be funded. The months I gave everyone are correct. Your lawyers just have not told you yet, They will shortly though. As for the extraordinary injury fund. That can only be determined by the claims administrator. There are very few people that will be in that category. I wouldn’t expect it, but if it happens in your case you are one of the few. You have to understand everybody wants to be moved to that category but very few actually will be. I am done posting on here there is a hearing on this case coming up shortly and everyone will know more then . I have helped out as much as I can. So good luck to everyone and I hope the best for all.
Stan
“More than 4,000 lawsuits were included in the MDL, and as of August 2017, more than 3,300 were still pending in the District of Massachusetts” Quite a few of The cases are alternative payment fund.
Cathy
My husband had a heart attack during dialysis. His session started at around 615 am and they called me to go back to the dialtsis center about 700 am that it dis not look good. Three flat lines bit he survived. As a result he ended up with a defibulator with. Pacemaker. Would this be considered the extra ordinary injury fund?
Carolyn
Jus got off the phone with my attorney. She told me that the defense has not released the funds for payment and until they do, there will be no submission for claims. Once the funds are released and claims are submitted for review, then they will assign the points and categories.
Joe
Debbie I am not trying to argue with you. I think however you are not listening to what I am saying. I gave the months of when things are supposed to occur. It’s like you still refuse to believe me. I don’t know what to tell you. Believe whatever you want ,I am done. I am not here to convince you of anything. I am just giving you the fax you can choose to believe them or not. It makes no difference to me. Ask your lawyer if claims submission to the claims administrator will end on or before September I bet he tells you most likely. Also ask him if the compensation amount will be likely known by November I bet he also tells you Probably. I don’t know what you don’t understand about that. I told you a short time after November letters will be sent out stating your compensation amount. If your lawyer doesn’t have that information then he is truly not on the steering committee. That’s all I can tell you Debbie,Believe it if you want. If not then believe whatever you want to. I told you before there is no guarantee the checks will be disbursed to all claimants in 2017 it may take up to the early part of 2018 but for some reason you don’t seem to hear that part. Look anything could happen there are no guarantees but that is the timeframe as of now. I am almost positive they are correct.
Debbie
I talked to my attorney again today just to confirm the timetable. After the claims administrator has made the determination of all the claims in November and the categories every case will be put in, my attorney will then be sending out a letter of notification to me what category my fathers case will be put in and what was awarded. The check will follow in another mailing after all the checks and balances have been done in 2018.
Joe
I don’t know exactly what you are asking. The discovery process has been over for a long time now. Not sure why they would be asking for rehabilitation documents. The only reason they would want that information is if your father did not pass away and was a survivor of this deadly drug. If he was a survivor, they may want the rehabilitation documents to submit to the claims administrator. They may think he qualifies to be moved to category #4. The extraordinary injury fund. If your father passed away within 24 hours after the use of Granuflo there would be no reason at this point to want or need rehabilitation documents. It sounds like he was a survivor so he miight be moved to the extraordinary injury fund and he could receive up to 2 times more of the total amount he would have received if in category one. It would most likely be the only reason they would be asking for rehabilitation documents.
Joe
Monday, August 28, 2017 Statement of Material Facts L.R. 56.1 re1913MOTION 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..(Bennett, James)
Joe
On the post on what my lawyer said I did not mean to say commence I meant to say end. So the claims administrator will make a determination on each case by November. A short time after letters should be sent out with the amount of your claim. The lawyer will have this information before it is sent out to you.
Debbie
But it seems like people are getting conflicting timelines from their attorneys. Way back sometime this year he said to me absolutely no disbursement will be in 2017, so does that mean because he’s on the steering committee he might know a little bit more from behind the scenes? Maybe… I’m just trying to help people that are getting conflicting stories. I check this website every day and the majority of the postings iare just you and me Joe, so let’s just try to get along. I just wish someone else had more information for us. Anything posted by anyone is considered helpful.
Arthur
Torrianna here is one way of doing it. Look at your complaint letter or lawsuit. It should have a case number or docket. If it doesn’t have it call your lawyer aND ask for it. You maybe in State or Federal Court. Call them which ever you pertain to. Ask them if your case is still pending. Unless you have access to Pacer you can go that way enter your docket or case number.
Torrianna
Anytime I’ve contrasted my lawyers at the Branch firm, I don’t get stright answers. (July 2017)Last request was for documents from the rehabilitation center my dad was last at. Thank to all, for posting. It helps me to understand what’s going on. Joe how are you finding this info, I’d like to search my father’s info. Thanks in advance.
Joe
Look Debbie I am just irritated with the whole thing. The truth is everyone keeps getting different timelines. I wanted to give exact dates or at least exact month. Look I know people appreciate what you are telling them. I do also,let’s just wait and see when the money will come. At least we know it is coming. Look at some of the other cases that have been dismissed or only offered $1500 that is truly terrible we should feel blessed that did not happen to us. If you are right about 2018 I don’t think any of us should worry about that it looks like sometime in November we will at least know how much we will be receiving thats all that really matters to me. Let’s not worry about a couple months different that really isn’t going to make a difference to anyone. I wouldn’t think. Have a good day Debbie.
Joe
Were do you see me saying anything about 2018 what is it Debbie do you want someone to say oh yes you are right praise Debbie. All I keep hearing from you it’s about 2018 nonstop . Let it go you cant stop. I said many times it may starred in 2017 but that does not mean everyone will receive a check in 2017. Your 2018 is getting redundant look at your past posts and let’s see how many times you have brought up 2018. So what if you are right. You never said anything about compensation letters or when the claims administrator would stop reviewing cases you just keep saying 2018 over and over again. So what I’m sure everyone gets your point. Still not sure if you are 100% accurate though my lawyer did not say anything about 2018. How do you know the letters won’t have the checks in them.
Debbie
Like my attorney said plan on sometime in 2018. You can see all the extensions and delays are bringing us closer to 2018. They haven’t even Triggered the settlement yet although we keep hearing it’s anytime now. Then after that, they have to go through each claim. So what’s the difference, it’s a year ago that we were supposed to have our disbursement. Joe, Thanks for the updates explaining what those legal terms mean. It helps when you explain it for us non-lawyers and It saves me from calling my attorney for updates. Everyone involved in this lawsuit should be commended for their commitment, patience and understanding of this very lengthy lawsuit.
Joe
From my lawyer there has been a significant decrease in Claims. Document submission to the claims administrator will end late September. Review of the claims should commence November or before. Award amount should be known via letters a short time after. What I am saying now, did not come from my lawyer what I said above did come from my lawyer though but it does not look like anybody is going to know the amount of claims per category it looks like you will receive a Award letter before you ever will know the amount of claims Per category.
Joe
“FMCH expect, and have advised the courts that they expect, the settlement to be consummated. However, in the Middlesex County coordinated proceeding, many counsel for many plaintiffs have moved to withdraw from representing their clients and the court has granted extensions of time to allow plaintiffs to obtain new counsel or proceed pro se. In addition, difficulties and delays have occurred in the plaintiff committee’s assembling and verifying individual participation elections. The plaintiff committee and FMCH have therefore agreed, with court approval, that consummation will occur promptly upon sufficient verification of fulfillment of the participation threshold, providing only that consummation must occur by February 28, 2018” Don’t misunderstand that it must be consummation by February 28, 2018 that does not mean it will take that long it hasn’t been officially approved and that is the reason. Arthur after looking over your post a little deeper i found a little information out. Because you opted-in to The settlement you are part of the MDL 1:13-md-02428 but your case Falls into a different District jurisdiction yours is a state case not a federal case. They are not the same cases. “On April 5, 2013, the U.S. Judicial Panel on Multidistrict Litigation ordered that the numerous lawsuits pending in various federal courts alleging wrongful death and personal injury claims against FMCH and certain of its affiliates relating to FMCH’s acid concentrate products NaturaLyte® and GranuFlo® be transferred and consolidated for pretrial management purposes into a consolidated multidistrict litigation in the United States District Court for the District of Massachusetts. In Re: Fresenius GranuFlo/NaturaLyte Dialysate Products Liability Litigation, Case No. 2013-md-02428. The Massachusetts state courts and the St. Louis City (Missouri) court subsequently established similar consolidated litigation for their cases. In Re: Consolidated Fresenius Cases, Case No. MICV 2013-03400-O (Massachusetts Superior Court, Middlesex County). Although similar cases were filed in other state courts, the Massachusetts federal and state courts and the St. Louis court were responsible, together, for more than 95% of all cases.”
Joe
Wednesday, August 23, 2017 1908 respm Statement of Material Facts L.R. 56.1 Wed 10:37 AM Statement of Material Facts L.R. 56.1 re1906 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..(Bennett, James)
Joe
Yeah I don’t know Arthur I mean it’s your case so you know more than I Ever wood about it. I wouldn’t worry about anything you are obviously still in the lawsuit.It just seems strange when I look at both lawsuits both judges we’re proceeding over the case. At least at one time . Maybe that is because it was in the process of being transferred.I don’t know.We are just going to have to wait and see what happens as you know and I know it is getting close though. My lawyer is working directly with your lawyer so a lot of the information you get from your lawyer is very similar to what I get from mine. They work together because my lawyer is on the steering committee he works directly with your lawyer.
Joe
The portal was open a long time ago. That is how they’ve gotten the medical records needed and shipping information . It’s called Fresenius factory warehouse database. I am not saying not to believe your lawyers but they can tell people anything and if nobody has the resources to check on it, you don’t know if it’s true or not. Here are Some of the shipping Records from the portal. Just so you know I am telling you the truth.These are all public Records. Sold to Facility Name ——REGIONAL DIAYL Product Name DISC. NATURALYTE #—– 3K-2.5CA W/DEX (3K, 2.5Ca, 0.75Mg) Disc.NATURALYTE #— W/ DEXTROSE 55 GAL (1K, 2.25Ca, 0.75Mg) Disc.NATURALYTE # — W/ DEXTROSE 55 GAL (2K, 2Ca, 0.75Mg) DISC. NATURALYTE #— 3K-2.5CA W/DEX (3K, 2.5Ca, 0.75Mg) Disc.NATURALYTE #— W/ DEXTROSE 55 GAL (1K, 2.25Ca, 0.75Mg) Disc.NATURALYTE #— W/ DEXTROSE 55 GAL (2K, 2Ca, 0.75Mg) DISC. NATURALYTE #—- 3K-2.5CA W/DEX (3K, 2.5Ca, 0.75Mg) Disc.NATURALYTE #—– W/ DEXTROSE 55 GAL (1K, 2.25Ca, 0.75Mg) Disc.NATURALYTE #— W/ DEXTROSE 55 GAL (2K, 2Ca, 0.75Mg) DISC. NATURALYTE #—– 3K-2.5CA W/DEX (3K, 2.5Ca, 0.75Mg) Disc.NATURALYTE #—- W/ DEXTROSE 55 GAL (1K, 2.25Ca, 0.75Mg) I left out The faculty’s full name and the product number. You get the point though. I also have a lot of the medical record for a lot of the claims but I will not post those under any circumstance. By the way I left out the shipping dates also. Look you need to believe your lawyers they are telling you the truth but some of the information is just a little outdated.
Zaneta
I am no longer with this company but my self and six employees of this company are seeking counsel for workplace discrimination etc… Does anyone have any attorney information so that we contact them for representation. These people are not right! Thanks
Arthur
Joe from what I was told many moons ago the both the State and the Federal are both part in the 2428 MDL. MICV-2013-03400-O is a generic case number. Many cases are attributed to this case. That’s why I had to call my lawyers to get my docket or case number. MICV-2014-01054 is my docket or case number. Which is in.Superior Court Middlesex. I brought this up to my Attorneys like 3 years ago. Debbie likes to post some erronious info. From what I had heard some lawyers did turn in the proper paperwork in these cases, that’s why we have this delay.
V
My first time posting. Today I called our lawyers to get a status update. Remember things are a whole year behind. From the date of our opt-in form its taken a year to get this far. Now things are finally starting to move along. As most of you know everything is being submitted to the claims administrator. Our lawyer stated our fathers case would not be reviewed until all the claimants in the $1500 category were processed. So yet again here we are waiting. He did not give a specific window about disbursement. Joe things we heard from our lawyer is adding up with your time line. We know its been a long process . Don’t worry everyone we will get through this.
Joe
I forgot to add the federal MDL (Fed. Question) has legal jurisdiction over the consolidated state cases in Middlesex County Massachusetts.
Joe
So here’s the deal with the other judge. There are two cases in Massachusetts one is a MDL case the other one is a Consolidated state case The state judge is Maynard M. Kirpalani (In re Consolidated Fresenius Cases, No. MICV2013-03400-O) The Judge in the MDL Cases is Douglas P Woodlock (In Re: Fresenius Granuflo/Naturalyte Dialysate Products Liability Litigation cases 1:13-md-02428) The settlement was for all pending cases.So anything that applies in the MDL applies to the state cases. The first trial that was lost had both judges proceeding over those case however it was truly a state case. I believe that’s why there was so much confusion about the first trial being a bellwether trial or not. Some cases may not show up in the search engine that does not mean they do not exist it just means They have not been transferred. Both cases are in Massachusetts how can you transfer A state case to the same state it makes no sense. So they didn’t do that. They just left the consolidated cases in Middlesex County Massachusetts. But whatever applies in the MDL settlement also applies to the Middlesex County Massachusetts cases. Most of the cases in Middlesex County Massachusetts are considered tagalong’s. Think of a tag along like this you’re little brother or sister came with you uninvitedly but what ever happens why there are with you is your responsibility even though you did not ask them to come and they were uninvited. You still have to look out for them and are responsible for them. So whatever happens in the main MDL also happens to the cases in the Middlesex County Massachusetts cases. I hope everyone can understand the Way I explained it.
TERRENCE
My lawyer told me the same as Amanda lawyer told her he said i should be getting a letter at the end of Sept.with a offer i can only believe what he tells me
Debbie
Yes. I’m not looking for any glory but that’s what my attorney said. That the process of going through every claim and evaluating them is going to be a lengthy one. Not just a 30 day process or anything like that. He said sometime in 2018.
Amanda
When I spoke with my attorney last week she said that they should be opening a poral for all of the patient’s records to be reviewed so that they could figure out how much each person should receive aND once that it completed they will start sending out compensation. But that this could still be a lengthy process because each case has to be gone over to determine the value and nothing will be distributed until each case is evaluated. We’re one step closer but may not see payouts until later part of the year going into first of next yeat from what she said.
JohnB
What is latestest on lawsuits?
Carolyn
Yes Joe,. I Am the one that filed the lawsuit. But my husband died in Florida, I filed in California and my attorneys are Branch Lawfirm out of Texas . So lol… No idea. And again Joe… Ty for your information
Ron
I tried the Bing search and came up with nothing . Called my attorneys and they said they are in process of submitting claims to administrator still , and that they are waiting for settlement to be triggered . I don’t know if I am still in this or not .
Arthur
Here is another way to see if your case is still pending. Look at your complaint letter or your lawsuit on first page should be either your docket number or case number. Call either the Federal or State Court in Massachusetts. I am assuming most cases are filed there. On your letter it will state either Federal or State. Call either one give them your docket number or case number and just ask them if your case is still pending g. That’s it, it will save you a lot grief.
Joe
Also Carolyn some tag along’s are also not in the search results not sure the reason but maybe it’s because they have a Different judge listed.
Joe
Carolyn that is very strange are you the one that had filed the lawsuit? Or was it a family member or a relative That was the one who filed. There are some states that had all cases remanded to their home state I believe California and Mississippi and maybe Louisiana but I am not 100% on that. I don’t know if those are the correct States. It would not come up if you were one of those people in one of those states . I am not sure which states but the Attorney General is lead counsel for some of those states the attorney general for each individual state.
Terry
THANK YOU SO VERY MUCH JOE! I can say for myself that Your posts on this board has saved my sanity, please keep giving us the valuable information that you always do. Just the small jewels you hand us through your posts have been so important. Point in fact, i have searched and searched for any filing in the case of my wife’s death as a result of dialysis drugs, but i never used bing until you gave that advise. And voila! Everything I’ve wanted to see is there. Joe, no matter who is attempting to re-post or make themselves look superior, we know that you are giving us useful information and you could’ve kept it to yourself. Thank you and know that your words are appreciated, by so many of us. GOD BLESS YOU
Joe
Sorry,I should not have gotten so defensive. Its just i have been in this lawsuit for a very long time. Just like a lot of us. I have been in touch with my lawyer a lot. I sometimes cannot get information from him. He was part of litigation at the Dial trial ,he was not the lead lawyer however. So I decided to go on the court system and look at the docket activity myself. That is the only reason I copy and paste a few things. This website will not let me send a link or copy the whole page. I can only do clips or try to put it in my own words. I do understand the docket activity but trying to explain it to other people on this blog is difficult. So we all need closure and when the time gets close to closure they’re always are uncertainties. Will the payout be satisfactory, am I still in this lawsuit,I didn’t opt-in what happened with my case, why was i only offered $1500 , did my love have add-ons, how many people per category. So i am in the same position as a lot of people. So sorry if i sounded like a jerk. I really want to try and help not sound like a jerk or a know it all. There is a lot i don’t no and wish i did.
Bad
Did the bing search found my case was in Massachusetts district court under Judge Woodcock. I was able to use PACER search engine to see entire docket from 1st filing by attorney thru latest action which was a notice of appearance by attorney on May 11th 2017. Was also able to see monetary demand submitted by attorney at the beginning of the process which was Oct 2014. What it will end up as only heaven knows. Recieved letter from attorney staying he would be submitting supporting documents to claims administrator about 1 week ago.
Debra
I asked about claim vs case and this is what she told me. We sometimes use the terms ‘claim’ and ‘case’ interchangeably. Your case was filed in the Commonwealth of Massachusetts. However, once the settlement has been officially triggered the case will get dismissed, as you have signed a release and other settlement documents which permit the dismissal of the case in court to accept the terms of the settlement agreement. In terms of the settlement we submit a “claim” to determine eligibility to the claims administrator. Your claim has been submitted to the claims administrator to determine eligibility in the settlement program. We have submitted the claim as a GranuFlo Qualifying Claim (highest recovery category). It is currently pending review. I hope I have answered your questions. Please let me know if you have any further inquiries. My paralegal and attorney always return my emails and calls. Emails are answered the same day.
Laurie
Its unfortunate that Joe wishes to lash out or bully myself and others here when we are all just trying to figure out what is going on. I only wish all of us here will receive what is due for our loved ones and the ones that have passed from this world. As I stated, Joe, I appreciated the information you gave but it can be very confusing to people. If you took that personally then I am sorry. I am a daughter who lost her mother, that is who I am, nothing more and nothing less. I wish all health, love and happiness and an end to all of the BS! This will be my past post here.
Debbie
I know. I shouldn’t have said anything negative in anyway to you or about you Joe because you take it so personal. I did get all the information from my attorney that’s no lie, and I’m just trying to educate people on things I think they should be aware of. The only other thing I can think of is that he is giving me a far out date like 2018 so when and if we do get our checks and it’s before 2018 he will look like a hero. I am not trying to looking for glory. I am just trying to help people and make them aware of things. These people seem to be afraid of their attorneys. And I’m sorry if I sound negative. I just think this is a low settlement and the 40% the attorneys get bugs me also. Just venting that’s all. I know a lot of the things you do are copying and pasting. I get it, but at the end of that copying pasting you should explain what it means in layman’s terms like I told you before. I consider myself pretty literate when it comes to deciphering what something means, however, I’m sure that everyone else is wondering what The copy and paste court case means too. I am not repeating what you say either but after you say something or anybody on this site says something, I check with my attorney and I post what he tells me, I’m not trying to repeat what you or anyone says. Maybe we should look at it like if my attorney does tell me the same as what the other peoples attorneys are saying maybe we could be getting the truth. Do you understand what I’m saying?
Arthur
The bing search engine didn’t work for me either. But other names I put in their I found out their cases were dismissed a while back. Also I found out that my case is in State Court not in.Federal. I guess another reason is because I don’t have Judge Woodlock, I have Judge Kirpalani. I also was told disbursement would go out starting in October. On my complaint letter I am missing the docket number. So I need to get a hold of my Attorneys. Not fun.
Stan
I called my lawyer and asked why he never gets back to me. The paralegal said he is extremely busy I have no idea what he’s busy with!! I said I know other people are able to get a hold of their lawyer and talk with them he said they probably don’t have very many cases. I wonder what he means? He did say that they are submitting cases to Dr. Green or something like that. He told me if anything important comes the lawyer will call me but they really don’t have any new information to give to me right now.
Joe
Almost everything I post on here I try to tell people if it is not official. The court document our official though. I try to help people on here. I am not looking for glory from anyone.I just know A lot of people are not able to get information from their lawyer.So I try to post what is happening in court System with this case so at least they have some understanding of what is going on. I only respond with a negative post if someone else post something negative about me. My goal here is to help people. I think you Debbie and a few other people are on here for a different reasons and not to help people. You want to glorify yourself. That is not what I am about and it never will be. I want to help people if I can. I am in the same position as everyone else. I lost a love one just like everyone did. I am not on here to try to be better than anyone. I am just trying to give information that people may or may not have.
Joe
Debbie The only person that ever brings up copy and paste is Starfinder ,WJ Blanchard.I think you may be posting under a different name. I have had many people thank me for the information I have given. I have not seen one person thank you for anything you have posted. The information you give out always comes after somebody else says it first. I told you my lawyer was on the steering committee. Then you come on here and say your lawyer is on the steering committee. Why did you wait to say that until after I did. Why do you also keep saying 2018 it may or may not be correct but not everybody got 2018 for payouts to begin. So where is your proof. True I do copy and paste some things but they are court orders. Do you know what a court order is? Sure some of it is just my opinion but a lot of it is coming from the court system itself on this case. Some of the information I post does come from my lawyer. I told everyone before they should know numbers sometime this summer and then all of a sudden people find out documents are able to be submitted. I told everyone they said they would know numbers sometime into the summer and that document still needed to be submitted to the claims administrator. That information came directly from my lawyer .Then people come on here and say their lawyer tells them they can submit documents to the claims administrator. So before it ever happened I told people about it. It also came directly from my lawyer .Are you get Debbie was repeat what I have already posted. My lawyer told me payouts should start in the fall. I’m sure that doesn’t mean everyone will get a payout in the fall but that’s when they will begin. So I am sick of your nonsense Debbie write something that nobody knows yet don’t just look back at people’s posts and then repeat what they say and act like your lawyer told you that because it is not true in my opinion.
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