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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

Joe
For the people that have gotten point values.Does Your opt-in paperwork definitively state you are in category one? Or does it just give you a point values and you are assuming that’s what category you are in? I know some of the people that are in category three receive a point value. No one in category one could receive a point value until the claims administrator has determined add-ons and so forth. I think you have mistakenly assumed you are in category one. You better read over your paperwork word by word.
Renee
This whole thing is BS!!! How long has it been going on? I really don’t know the purpose of it being prolonged so long. The company know it’s at fault. The insurance company chose to cover them. So they need to pay simple. Weather they have to pay $1500 to whatever. It shouldn’t take this long for anything. I lost my Mom back in 2012. I need for them to pay someone and admit to killing my Mom! She was fine until she started treatment. She passed on Dialysis brought her back only for her to take her final breathe moments later. It’s time for us all to start healing… I hate we are all being tormented by this. And pray that it all over soon.
Joe
1899 motion Extension of Time Mon 7:08 PM MOTION for Extension of Time to July 31, 2017 to to file a Response to FMCNA’s Census Report and Proposed Discovery/Trial Schedule for Surviving Cases Opting Out of Global Settlement by Hagens Berman Sobol Shapiro LLP.(Booker, Molly) My last post did not completely go through so here is the order again.
Joe
Tom Just for you know there are a limited number of people who received a opt-in letter with point values. The majority of people were given letters that states we cannot determine The amount of your compensation until all qualifying claims have been determined by the claims administrator. This is not a class action lawsuit it is an aggregated settlement MDL. If it was a class-action your point value could have already been determined. This is an aggregated settlement in a multi district litigation. Being so no point value can be determined. Not until the claims administrator has made his decision on each individual claim. It is not going to be simply divided evenly among all qualifying claimants. Each Claim will be looked at individually by the claims administrator there will however be a base pay or minimum compensation for each claim in category one. How would your lawyer know how many people opted in when you received the opt-in letter? They had no idea how many people were going to opt in, when the letters were sent out. How can they give you a settlement letter with a point value when they clearly don’t know how many people we’re going to excepted the offer. They still don’t know that. It looks like what your lawyer may be doing is adding up total claims and dividing them among the total settlement amount but that does not break them up into categories it’s just rhe total claims per all categories. As of yesterday July 24 Fresenius just submitted the case census which is a list of all claims for all categories. The plaintiffs lawyers want a extension. Until July 31 which is about a week, The plaintiffs lawyers will go over it and verify it is correct. So how in the world would your lawyer know how many cases per category when Fresenius just found that information out as of July 24, 2017. Something you are saying doesn’t add up. Look over your opt-in paperwork again read the whole packet you are missing something somewhere. If the amount turns out to be less than what your lawyer stated, you could sue him for fraud. He gave you in accurate information to make a decision on if you were going to opt-in or out. If you opt into a lawsuit with a certain amount of claims that could be incorrect that could have change your whole outlook on if you were going to except the settlement offer or not. No lawyer would do that. I am sick of people stating they have a point value and that is impossible unless your lawyer is the claims administrator and you just received your opt- in letter today. We know that’s not possible. I believe you did receive a letter with a point value. I don’t know how they possibly could have determined that.
Amanda
Ugh this is a complete mess!!! Be so glad when it all over. I went over and over my paperwork and all it says is we fell in category 1 nothing about any point systems
Michele
My paperwork doesn’t say anything about a point system or category. I asked my attorney about it and he doesn’t know anything about a point system or category. I just want this thing over with. I lost my car and house when my second husband died.
Arthur
Tom we went over this letter since last August speaking about different payouts depending on how many people are left. My letter doesn’t specify the point system as to how many I have. Donisha I would probably look into obtaining a new liar I mean a new lawyer. That’s ridiculous.
Joe
Monday, July 24, 2017 1899 motion Extension of Time Mon 7:08 PM MOTION for Extension of Time to July 31, 2017 to by Hagens Berman Sobol Shapiro LLP.(Booker, Molly)
Tom
Its like this. Everyone in cat 1 will receive a new full size truck. What remains to be seen is what trim level your new truck will be and when you will receive it. Please no you will not receive a settlement of a truck given to you from the defendant. Just explaining how much this will effect our lives in easy to understand terms.
Donisha
So hi this is my first time writing but iv been watching for a long long time… So I’ve been following a lot of info everyone has been sharing…… I finally spoke to my lawyer’s assistant today and the things she said were so rushed and just not a lot of help really so if anyone has an opinion on what I should do that would be great. B.t.w the convoy went as so She basically said they got paperwork over the weekend to get claims ready to submit to Green and his staff. They have thousands on thousands of cases 10-20,000 and that it will be a year to 16 months before anything is paid out. My understanding was that there is no where near that many cases
Tom
Joe somehow you missed some really basic stuff. It seems you did not receive a letter that others did when opting in. The letter stated how many points you have (175 in my case) and different payout amounts for different amounts of people in category one. I do not have the paper in front of me but something like this the average payout of 4,000 people would pay x amount. 3,500 3,000 down to 2,500 lawyer at that time expected 3,000. I think the payout for 2,500 was $89,000 on average. after lawyers cut I figured my mother to receive around $50,000 maybe a little more if lucky. This is my first post I just could not take it anymore Joe.
Joe
Anthony, what category does your paperwork state you are in? I didn’t think people received points before The case has gone before the claims administrator. I don’t know maybe that’s the point value your lawyer just thinks you have. I have heard a few people say they have a certain point value that are on here, so I don’t know. Maybe your case is in the Naturalyte compensation fund not the Granuflo compensation fund. There are far less people in the Naturalyte compensation fund, than in the Granuflo compensation fund. Maybe because there are so few people in that category they can approximately determine your point value in advance. In your paperwork it should state what category your claim falls under. You think you could tell us so we can better understand where you are getting the points from. I think your in the Naturalyte compensation fund,Not sure though.
JohnB
You Joe are throwing ppl off track. Just stop giving conflicting information about this lawsuit. You know perfectly well you dont know what is happening behind close and protect information. Let this lawsuit run its course. There is nothing you think you know that can help anymore. Joe you are a fake. You and mike totally destroyed the Nephrology brog by your acts. Let this blog alone for ppl to exchange info. You cant contribute further. And stop being so defensive when ppl challenge you about your information. Take a seat and watch what ppl say. You waist a lot of time correcting and justifying yourself. If you tell the truth you dont need to justify yourself or degrade ppl on here who have an opinion.
larry
Yes, a big thanks to Joe!! His information has been very helpful- more so than my attorneys and prob every one elses attorneys too!! It’s high time this case s resolved!! No one will ever get the amount of what they deserve- for all our losses of our beautiful, special loved ones!!!
Amanda
Thank you Joe I did find it so I am in the first category. The points system thing does anyone know what that actual point system is? And how do u find out how many points u have?
Arthur
Anthony on May 17 of this year Angie wrote that her case has 175 points in money translates to $175.000. Who told you this your Lawyer or are you Angie as weii. I think there is too much BS going around here. The cases haven’t gone to the claims administrator yet so how do you about the points. Don’t tell me your Attorney told you so.
Joe
Here is what they are going to be looking for to determine the amount of compensation you will receive. (1) the acetate value or acid concentrate identifier, as well as the magnesium and calcium components of the acid concentrate reflected in the decedent’s last hemodialysis standing order prior to the alleged date of injury (2) the bicarbonate prescription reflected in the decedent’s last hemodialysis standing order prior to the alleged date of injury, (3) the decedent’s last pre-dialysis serum bicarbonate and serum potassium lab values prior to the alleged date of injury, and (4) the date and starting and ending times of the decedent’s last in-center hemodialysis treatment on or prior to the alleged date of injury.
Joe
So anyway I was able to get the summary judgment order there are no total number of people that have opted-in in this order. Just so you know before reading it. It’s public Record. This is not the full order but just the basic facts and probably helpful to some people it explains a lot.I did not want to post the whole order its too long. In August 2016, Fresenius and Plaintiffs’ Leadership entered into a private settlement agreement related to all cases filed in this Court and other jurisdictions relating to Fresenius’ acid concentrates GranuFlo® and NaturaLyte®. Pursuant to a settlement process agreed-upon by the parties, each plaintiff would timely proceed to: (1) opt in to the global settlement; (2) file a stipulation of dismissal of his/her case with prejudice; or (3) decline either to participate in the settlement or stipulate to dismissal with prejudice and proceed with litigation (“Opt-Out Plaintiff”). On January 26, 2017, after hearing, this Court issued Case Management Order No. 17, which required each Opt-Out Plaintiff to produce by March 29, 2017 at 5:00 p.m. (EST), an affidavit or declaration of counsel identifying data supporting his/her claim that GranuFlo® or NaturaLyte® was used during the corresponding patient’s last dialysis treatment prior to alleged injury (“Product Identification Affidavit”), and an affidavit or declaration from a physician or other medical expert opining to a reasonable degree of medical certainty that GranuFlo® or NaturaLyte® caused, or was a substantial contributing factor in causing, the patient’s injury. The Case Management Order made it clear that failure to comply could result in this Court’s dismissal with prejudice. Doc. 1825 at 7. Further punctuating this point, on March 9, 2017, the Court issued a Memorandum Regarding Case Management Order No. 17 in which it stated there should be no misunderstanding that the failure to comply with the case management order was sufficient grounds for dismissal with prejudice.
Joe
I should never have said there are nowhere near 4000 cases. At one time,I imagine there were 4000 cases. But I don’t think there are any longer. I took a guess on how many cases but that’s probably incorrect who knows.
Anthony
I was told there is a point system of 225 points. The points you have will put in a category. I have 175 points.what category that put me in
Amanda
Thank you Joe I have had one those lawyers who doesn’t return calls and really has keep us out of the loop in all of it saying nothing much had changed. I appreciate you trying to help me as for the other hateful person I just didn’t know what they were talking about. I will look on my paper work and try to figure it out. Ty.. so much JOE!!!!!
Joe
I told everyone my lawyer truly is on the steering committee. I am not making that up,it’s the truth. That’s probably why he knew the information before other lawyers.
Joe
See those dates i told everyone were correct. Like i said sometime into the summer and disbursements Will start sometime in the fall. I told everyone The documents still needed to be submitted to the claims administrator. At least now somebody’s lawyer verified that information. They worded it a little different but its what i told everyone weeks ago. Thanks for that info Debra.
Debra
This is what my attorney said yesterday. “The good news is that at the end of this month we will be allowed to go ahead and begin submitting claims for review to the claims administrator. What we have been told is that the Plaintiff’s Steering Committee and Defense Counsel know that the settlement will be triggered – it is just a matter of when, so that is why they will allow us to go ahead and start submitting claims. We won’t know any final numbers until after the claim submission phase is completed. The claim submission process should last a couple of months. We are eager to start submitting claims and all of our clients’ records have been prepped and the files are ready to go as soon as we are allowed access to submit them. The ball is moving, but just very slowly.”
Joe
Amanda Look at your paper work its under. YOUR CLAIM : It will not tell you the category Number just the definition of what category your lawyer thinks you are in there will be no dollar amount you will have to look at each category and that will tell you the total funds per category. It will not tell you what you are receiving individually as in dollar amount. Hope you can find it. Remember just because it says that’s what category your lawyer believe you are in. It is not final until the claims administrator reviews your paperwork, case and makes his final determination.
Ellen
Please don’t let this fellow poison this blog also… people here want to share and learn what they can from others w similar experience. It’s been a difficult ordeal for all and those who have provided verifiable details r treasured
Ellen
he American Kidney Fund is a leading United States non-profit working on behalf of the 31 million Americans with Chronic Kidney Disease, especially Dialysis patients. However, an investigation by the U.S. Attorney’s Office into how the fund allocates its annual over $212.6 million contributions is gaining a lot of interest by Dialysis patients and others in the Chronic Kidney Disease Community alike. To add to the intrigue, the largest Dialysis organizations in the United States – DaVita Inc. and Fresenius Medical Care – have also been named in the
Tina
Can, someone please answer some questions for me I been told bunch of different stories on this case????
Arthur
People this is getting redundant. Nobody knows how many people are in criteria #1. I don’t suspect their are many. Nobody knows how much they are receiving, depends on how many are left. Criteria #1 died of Cardiac Arrest within 24 hours of treatment #2 Had use of Granuflo 3# Blood work from your treatment of dialysis they are looking for levels of how much bicarbonate of Granuflo was used. The higher the better. Their is a time line like let’s say 2002 or 3 till 2012. It can go further than that if you have had a stroke or a cardiac arrest and still lived but later died after 2012. Very few are in the category. This is not rocket science. The only reason why they came an agreement is because the first case cost in excess of 600k in lawyer fees for both sides. Do the math. It’s cheaper to do the settlement. People just keep asking the same questions over and over again.
Joe
The liens are for Medical liens/Reimbursement claims only. So hospitals would not be filing a lien against you.Your Insurance would already have paid. They can only get Reimbursement (lien) for the day of treatment when the incident occurred. So you are not talking A whole lot of money per lien. Also it does not state every one will have liens. It States medical liens if any. Look in your opt in paperwork Page 5 number 5 it explains it better.
Amanda
Joe how do you know which category you fall in I know that we didn’t qualify for the 1500 because we were part of mass settlement or whatever I don’t really understand all of it
Avis
What are the supposedly payouts for category 1 qualifiers?
Joe
I never threatened anybody JohnB (aka) WJ ,starfinder. People on here no I never did that.You just kept telling me I was wrong, it turns out I was correct about everything. I never threatened anyone I would never do that. That is more your style. I posted your case because you were a jerk and it’s public information and you continuously say nobody’s getting anything. I know you are getting $1500 for category three. I had nothing to do with that that’s how your case went. You are bitter because of that but dont take that out on me. You are a nasty person. Those numbers I gave I told everyone were not official. WJ you are just bittter because you are not in category one and you hope nobody gets anything or there are so many cases that the payouts are very little. Thats not going to be the case and you are pissed off about it. Look I feel sorry for everybody that didn’t qualify but that wasn’t my decision I had nothing to do with it.so move your anger somewhere else JohnB. To ether your lawyer or Fresenius. You might want to look at your case you have a notice of appearance, of course your lawyer is going on your butt half but you might want to find out what that’s about. Why are you so worried about people that are in category one? Arthur Is right there are people on here trying to throw people off track and you are one of them JohnB,WJ ,or Starfinder. Yeah I know who you are .
Arthur
JohnB you have Joe confused for Mikey, I believe he may have been thrown out Of Nephrology News. Joe has been inspiration toward all of us at Nephrology News and here.
Melany
My lawyer gets 40 percent and then there’s whatever taken out for Medicare, insurance, hospital, and moderator. She told me not to expect any kind of windfall.
Amanda
My lawyer finally talked to me yay but what she explained to me was that out of all the cases they had that they thought was a foe sure thing fresinius then come back and said the criteria was more in depth then she had seen in any other case. Out of all the ones she had over 4000 and something in state of Alabama only 6 was accepted for the mass settlement there was a few that was awarded a 1500. It’s just really been a mess dealing with all this. Even told me that unless was a cardiac event there wouldn’t be a settlement and it had to happen within a 24 he period not one min over from leaving dialysis.
JohnB
Where in the world all these “unofficial” numbers are coming from? Just wait and see what falls out after the courts, the Judge, and the drug company finish their business. Did anyone really think we were going to get a fair deal from this malarkey!
JohnB
So Aurther you remember”Joe” from the Nephrology News blog. Funny, he almost single-handedly destroyed the blog by threatening ppl who didnt believe him. He wished ppl would die. He did act like a know it all, but in the end he didnt even know how to spell. He was a cut and paste guy who would find info from other sites and paste them on the blog. He is a truely remarkable guy who loves to command ppl’s attention. He was thrown off the blog for his behavior. But now look who is back. Desperate ppl will believe in the devil, sorry folks I do wish for a successful outcome for all who are involve with this monster drug company as I am also.
Joe
Carolyn If your case was not dismissed you are in good shape. You’re one of the surviving cases. I don’t no the medical issues you husband had but if you survived the summary judgment order don’t give up hope. You made it this far for a reason. Most of category three people that did not opt in were offered A little bit more than the $1500 to dismiss there cases. Your case would have been in category one and that settlement amount is undetermined per case at this time. So a offer for settlement may not have been offered yet to you. After you get your court date and the payouts are disbursed, you may get a settlement offer. I am not 100% but depending on how many cases that are going to trial there may be a second settlement offered for those people that are given trial dates. N ot positive about that but there is a high probability That it will occur. It’s good to get information from someone that did not opt-in and their case has not been dismissed because their lawyer is non-bias on the settlement,so thank you for that information. One more thing I never said the settlement was approved but it is very likely it will be. It’s not official so lawyers cannot say. But if you are asking for a scheduling order and a case censes The only reason to ask for that is because there are no more issues at hand. It’s going to be close but it’s going to be approved. What I also find interesting is how everyone is falling for this nonsense they don’t know how many cases there are per category. That Is a bunch of nonsense. When this settlement agreement was written up they had a set number. It cannot go over that number but it can go below that number. No lawyer would settle for $250 million for 12,000 cases unless almost all of them were getting small Settlement amounts. You’re not going to pay wrongful death cases only $62,000 Think about it. I am not asking people to believe everything i post but just have common sense. Predictions are always good but facts are even better.
Alexandria
My lawyer gets 40% I thought that was too much, to be honest. My lawyer won’t tell me how much they are actually getting from the $5 million or $17.5 million. I don’t like to push for info half the time. My papa died while hooked up to the dialysis machine, (Cardiac Arrest) in one of their facilities. They didn’t knew how long he was sitting there died, he walk in and never walked back out. I’m still trying to figure out what Category my case falls under. With all the qualification and such, I just don’t know, lawyer don’t know either. Just have to wait for Master Green or whomever and pray there is no set back. I still think, I’m getting rob.
Joe
Remember dismissed cases are also considered in reaching the 97%. We know 8000+2000 only equals 10,000 but some cases have been dismissed voluntarily. My guess is a little under 2000. Like I said those numbers are not official. But if anyone can come up with any better numbers put them out. I think we all would appreciate it .
Joe
Arthur, I know what you are saying. But don’t let anyone get to you. You know there are not 4000 cases in category one that’s monotonous. I don’t know why People say that. Then they say they got that information from their lawyer. Either that person is not truly in this lawsuit or has in accurate information. Then when I say my lawyer is on the steering committee they come on here and say their lawyer is also on the steering committee. Something definitely is suspicious about that. You want some numbers Arthur I will give you some numbers. This is not official. I have been going over the settlement numbers and no matter what way you add them up there is $15 million unaccounted for. So if you divide fifteen million dollars by category three $1500 you come up with a total of 10,000 cases. According to almost everyone’s lawyers there is a total of approximately 12,000 cases 8000 have opted in supposedly. They only need 11,640 to reach the 97% with the judges summary judgments and lone Pine order dismissal’s which equals out to approximately 2000 they have met the 97% .( not official ) I am going by 12,000 cases. I believe there are a little over 12,000 cases though. I think there are a few hundred more than 12,000 anyway. That leaves a few hundred in category one at the most.
Joe
Look at your opt-in paperwork its under Deductions from the gross settlement award. 1. Common benefit fund 2% $5 million 2.Common court fund 7% up to $17.5 million. Those amounts will come out of the gross award. You will have to ask your lawyer how much they are receiving from those funds if any.
Carolyn
So I called my lawyer for an update. She informed me that while they are very close, it is not a done deal. She went on to inform my that upon the settlement, then they will go through the medical records to determine who get what. May people will be dropped if they don’t fit the qualifications set forth by the court. My husband had dialysis and said he wasn’t right. We go to the hospital and they put him on the ventalator. 3rd time that happened right after dialysis. He was hooked up on life support for 3 days and then went septic. I lost him then. I am sure my claim will be denied. I expected this from the very beginning. But I didn’t sign I’m to this long drawn out clusterf*ck for the money. I did this for my darling Bill and to make sure him death wasn’t purposeless. I did this in order that others won’t have to go through the horrors that big pharma put him through. I did this in his memory and so others won’t have the save awful experiences
Laurie
I know how people are feeling right now, its ridiculous to say the least. My attorney even said this is an unprecedented the amount of time that has been spent on this tort case. The courts can and will use everything in their power to be sure that there is every option used before proceeding on with disbursements. Joe has been trying to give us information and it is truly appreciated so lets just try and be patient and pray and hope this will end very soon for all the survivors and loved ones who have passed. Judge Woodlock is only following the law. Just keep praying for an end to all this.
Debbie
Yes Arthur and I am Debbie. Stop making assumptions. I believe some of you are confused about the liens that could be placed on your settlement. I am just repeating what my attorney told me. There can be a lien placed on your settlement if: Number 1. The hospital bill from where your loved one passed away still has money owed to them directly relating to the dates they were in for this incident. Number 2. Medicaid or Medicare or your loved ones health insurance company is still owed money directly related to this incident. Number 3. The Internal Revenue Service has a right to place a lien on your settlement if your loved one owed them money at the time of death that they haven’t collected. I wonder if there is a statute of limitations though, for these entities to collect being that this has taken so long.
Joe
So here is the summary judgment case that they were going to have a hearing on. Here is the order that came through yesterday. Monday, July 10, 2017 81 misc Statement of counsel Mon 5:41 PM STATEMENT OF COUNSEL of Sylvester Burkes re 77 Order on Motion for Extension of Time,,,,,,,, Motion Hearing,,,,,,,, Set Hearings,,,,,,, re Issues to be Appealed in the Dial Case by Sylvester Burkes. (Carey, Robert) Not sure about this summary judgment situation it’s a little confusing looks like the plantiffs lawyer wrote that up. Anyway things should start moving along pretty quickly now. I have no idea why there are so many commas in that court docket maybe someone’s a little pissed off who knows.
Joe
You do understand what that recommendation means. If not I will explain it quickly. They want to get scheduling court dates for the opt out cases that survived the lone Pine order and dismissal. They also want a case censes,meaning they want the numbers of the cases that are settling total numbers now. They took care of everything they needed to. So the end is very close. Remember this is just a recommendation it has not been ordered yet.The recommendation is coming from a lawyer from the Fresenius side. The summary judgment that was scheduled for a hearing on 8/30 looks like that case is being sent to appeals court to wait on the outcome of the dial case.
Joe
Debbie each individual lawyer or law firm is getting 40% per-settlement that’s true. But there is a additional fund that The lead lawyers are also getting. Plus depending how deeply your lawyer was involved in the case,besides the lead lawyer fund they will also be receiving a percentage of the total settlement amount plus the 40% for each individual case they win or settle on. Anyway something sounds a little suspicious in what you are saying. Maybe you just don’t know , not sure but I will still give helpful information for the people that need it. I
Debra
I am not the other two names mentioned. My lawyer is getting 40%.
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