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Fresenius Dialysis Treatment Lawsuit

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

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Russell Maas

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Fresenius Dialysis Treatment Lawsuit Overview

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

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

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

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

Fresenius Dialysis Litigation Updates

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Fresenius Dialysis Research and Recalls

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

August 20, 2012: Fresenius Recalls Magnesium Sulfate Injection Products

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

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

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

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

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

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

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

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

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

Fresenius Dialysis Lawsuit Examples

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1336 Comments

Debbra
Arthur, I. Am Debbra and not any of the others. Stop making assumptions.
guessedagain
I hope so Joe. This is taking forever. Thanks again for the info.
Joe
So here we go, I can’t predict how many people or even if The settlement has been triggered. We should know something very shortly. Monday, July 10, 2017 1898 misc Recommendations for Scheduling Order Mon 5:24 PM Recommendations for Scheduling Order for Surviving Cases Opting Out of Global Settlement and Census Report . (Durant, Maria)
Arthur
I have come to the conclusion that Debbie, Debra, and Debbra are one in the same. Just like at Nephrology News, many bloggers using different aliases. To kinda throw people off the course. The only thing that I believe in is what my paralegal read me a while back before the May 10 deadline. If and when Fresenius decides to accept the settlement with the 97% opting in they 35 days to distribute the funds. If you don’t believe ask the spokesman for Fresenius. I checked with my Attorneys today I am lien free. You can’t always believe what you hear on any of these blogs. Just saying.
Debbie
Yes my lawyer’s firm is one of the lead counsels in this lawsuit and he said disbursements will be in 2018. He is taking 40% of the settlement. Am I getting ripped off? I asked everyone some time ago what percentages you all have to pay to your lawyers, mine is 40 percent and I was wondering about all of yours because it’s usually 33 percent.
Judy
Thanks so much Joe for the information that you supply this site with, I don’t say much but I have been following you a very long time and so far so good.
mona
Thanks for info Joe.I will follow and pray
Joe
Friday, July 07, 2017 1897 misc Affidavit Fri 2:24 PM AFFIDAVIT of James D. Gotz, Esq. re1880 Affidavit Supplemental Affidavit in Response to Plaintiffs’ Consolidated Motion to Extend Time to Comply with the Entry of Lone Pine CMO and Motion for Leave to File a Motion to Compel by Plaintiffs’ Executive Committee. (Gotz, James)
Joe
1896 misc Proposed Documents Submitted to the Court Fri 2:21 PM Proposed Document(s) submitted by Plaintiffs’ Executive Committee. Document received: Proposed Order on PEC’s Motion to Revise CMO 1 re: Post-Lone Pine Leadership Responsibilities Related [+]. (Gotz, James)
Joe
No Debbie, that is not what my lawyer said. All I said was if it does take until the first quarter of 2018. I am not going to worry about it. I was just wondering how much is your lawyer getting out of this settlement? Most of the lead counsel lawyers told their clients if they were part of the lead lawyer fund. I was just wondering if your lawyer was part of the lead lawyer fund? If so how much is he receiving I want to see if it falls in line with what my lawyer is receiving. I want to make sure he is not ripping me off.
Ane
Does anyone know if they reached the 97 percent opt in…. all was told was we didn’t met the first time because if clerical errors and out of all the cases he had in Alabama only 6 were approved for the settlement. What was the actual criteria that had to be met to qualify.
Debbie
I don’t want to sound like a know it all but remember I told all of you a couple weeks ago my attorney told me the disbursements won’t be until 2018 and it looks like even with Joe’s predictions from his attorney that’s around when it will be. I just don’t know if it’ll be in the first quarter or the second quarter of 2018.
Torrianna
Thanks, Joe! I will check back here the end of August, to look for your update.
Debbie
Joe what I was saying is that hospitals, doctors and hospitals can put a lien on the settlement meaning if they were owed money by the deceased and the Internal Revenue Service always gets their money meaning not that you have to pay taxes to the IRS on the settlement but if the deceased owed money from back taxes to the internal revenue service they will put a lien on your settlement.
Joe
Mona I never said the checks would be here or mailed in September. If you remember I said they should know how many people per category. Into the summer. And disbursements won’t start until sometime in the fall and fall starts September 22. I would not worry about it even if it is The first quarter of 2018 at least we know there coming. The payouts may start in the fall of 2017 if everything goes as planned. Each case is different. Remember each lawyer is giving info on your individual case or claim. So one person may get different info than another person. Remember i said disbursements should start in the fall that does not mean everyone will receive a check in the fall some may take as long as 2018. Just thought I would try to clarify that a little. Remember it’s all up to the claims administrator special master Green. I have no idea what he’s going to determine on each individual case. Like Debra stated just because you opted-in to the settlement does not mean you are guaranteed a settlement.
JohnB
Joe, thank you for your information.
Mindy
This is the response I received from my attorney via voicemail on June 26th. I did leave out personal info but copied the rest of the voicemail transcript directly from my phone. “Yes this message is for Mindy. We’ve not been told what percentage Fresenius has we’ve been told that that they do believe they’ll be able to make the 97% of the new deadline that was set for um June 30 we hope that there will no longer be any more deadlines but we won’t know until Friday um and we hope to be able to reach out and explain what’s going to go on and how the process will work on the first part of next month if you have additional questions feel free to give me a call.” I really hope we can soon put all of this behind us and move forward. Like many of you have said and I also have said before, no amount of money will change what has happened to our loved ones. I know that if my father were here many of the choices that have been made would’ve been different. The past 7 years I’ve spent grieving and seeking justice has been damaging to my own health and I really question whether or not had I have let it go would I be happier or would I still have so much hate for this company for taking my best friend, father, grandfather away from me and my children. I really pray that for my own sanity this will not carry over into the next year.
Joe
I remember somebody asked about obtaining there loved ones medical records from their lawyer. As long as you are that executor of the estate you have a right to obtain those records from your lawyer HITECH Act’s.Also typically any Adult member of the Family like a husband or wife or sibling.”For those family members, relatives, and others who had access to the health information of the deceased prior to death, but had not qualified as a “personal representative” of the decedent under HIPAA Privacy Rule 164.502(g)(4) the final Privacy Rule allows covered entities to disclose a decedent’s protected health information to family members and others who were involved in the care or payment for care of the descendent prior to death” As far as I know when you filed this lawsuit you became executor of the estate you probably signed some paperwork from your lawyer but you may not remember even if you are not executor of the estate you still have a right to get those medical records from your lawyer. Your lawyer knows the law. He shouldn’t be asking you why you want them . Just tell your lawyer you have a right to those files and you want them.
mona
Thankyou Joe!Your infromation has helped me a lot because I don”t have a cruel on what”s going on. Sept checks or before sounds good to me.
jessie
I recieved an update from my lawyer they said everything Joe have told everyone we will probably recieved money around the first or second quarter in 2018
Joe
Carolyn,thank you that was funny about your dogs name . I appreciate everyone that gives information on here it is very helpful to all of us.
Joe
Laurie,thank you for your information also.
Joe
Debbie,I don’t think the liens are going to take very much time those are done on a case by case basis by a third-party company called Providio . So one person may have liens and Another person may not. Of course that’s not free and the amount they charge will come out of each person’s individual settlement. Along with each individual lien amount for your individual case. Even if the disbursements aren’t until 2018 I’m not going to worry about it that’s only a few months difference. Wrongful death cases are nontaxable meaning you do not have to pay the IRS for a wrongful death settlement.So you will not have to pay taxes on your settlement amount.
DEBRA
I asked my attorney about the numbers and this is what they told me: At this time I don’t have a final number of cases which are still involved in the litigation. The two dismissals filed by defense counsel which cumulatively included the names of approximately 2,000 plaintiffs. Additionally, a large number of cases were dismissed prior to defense filing their dismissals – I don’t have a count on that though. What will also be taken into consideration is whether or not the remaining cases will submit a claims packet once the settlement has triggered and whether or not those cases will actually qualify for settlement. There are still a few variables in play, so I unfortunately cannot provide you with a final number, but I hope I have at least adequately addressed your question.
JohnB
On 6th June Elle wrote a comment which I believe a lot of people missed or didnt understand. I think it summarizes the situation we are all in today. Well put Elle well said. We have a few folks who like to repeat law and site motions and all the leagalize people like Joe love to use, but when it comes down to explaining what has happened to us in term of this lawsuit, no one better explains it then Elle. Read her comments. You will find the history of how we are being taken for a ride by a bunch of clever lawyers and this monster drug firm. Beware dont trust your lawyer, not even if he/she is your best friend. I firmly believe in Justice and it will take place in time.
Laurie
Listen everyone, Joe is giving us information and we should be grateful for that. Let us stand together and not lash out or make accusations against anyone. Lets just hope and pray for the people who are still on dialysis that this will be resolved for their benefit. Like I said, my mother died going from a Fresenius dialysis unit to the hospital and the hospital was less than 5 minutes away. She can not speak but I can on her behalf and thats what I hope to accomplish here so these billion dollar companies will think before they make mistakes of this magnitude again. We have to hold them accountable! Again thank you Joe for all you do.
Laurie
No Arthur I am not an attorney but have been through alot with this case and one other before. My mother was a dialysis patient with Fresenius and she died going from the dialysis center to the hospital which was less than 5 minutes away! My attorney is good but have to be pushed sometimes for information. Honestly, I dont think they know anymore than any of us do but I read everything and question everything! Lets face facts, the court system has let us all down and its all about the multi-billion dollar companies! I would be very surprised if we even get anything at this point. My mother is gone but the others who are still suffering are the ones I pray for in all this.
Debbie
Right Joe right around August 30th hopefully. But then the attorneys have to notify the creditors of the deceased if there are any, that the person who is deceased and they can place a lien on the disbursement if there is money owed. Usually this means IRS, hospitals and insurance companies that are still owed money, and it is about 120 days they have in which to come forward with their claim, so I’m saying look right after the first of the year for the disbursements. But it happens before, Great!!
Carolyn
Joe, I wish to thank you for all of your time and information on this bollocks of a case. I consider you and your resources peerless. Spent years going through sites with no valuable and information until I blundered across this site. You are my go to guy for information. So Sir. I thank you from the bottom of my heart for your efforts and information. The critics… Can suck eggs. Btw… My dog’s name is Eggs
Arthue
Joe, the 200 cases aren’t what’s left. Those are the cases my firm has been approved to go to the processor. But I believe only 50 are from my firm the others are from other firms who worked in conjunction with my firm so that they would be approved. Not one case was sent back. That’s why we are having these delays because firms weren’t filling out the proper paperwork.
Joe
I told people a long time ago what the dates were they have never changed. These people left now are the stragglers.There are not 200 cases left there are 5 cases left. Thats funny Arthur,”you make the most sense out of everyone including Joe.”My information is always accurate though. Most of the time I can back it up with Proof. The way I see it is all information is good information even if it is not completely accurate. I still stand by the timeline I stated after seeing what took place at the hearing. Like I told you before you can believe me or not it makes no difference to me. The information I give is almost always accurate.
JohnB
What happen in Judge Woodlock’s court yesterday. He has a meeting with Fresenius et al. at 10AM.
Arthur
Laurie are you an Attorney? You sound like one. You mentioned that you have had clients who had tried to receive a third party loan against their claim. You make the most sense of anyone here including Joe. I have one question for you. I received a letter from my Attorneys giving me an update and they still say there are 12,000 claiments which I know have dwindled down to a mere few. Mainly the 24 hours of dying after the treatments and the proof of cardiac arrest had to take place and the levels of Granuflo in your system as well. How many claimants are still left? According to my Attorneys they have 200 but they have also joined with other firms to reach the level. And they said that none of their cases were sent back. They are the lead Attorneys in this case. Also back in the first part of may they read me a letter stating that once Fresenius approves the agreement they have 35 days to distribute the checks. Who knows if that’s going to happen.
Joe
Look people, I don’t try to give false information out. I don’t believe any lawyer knows anymore than any other lawyer. But I do know my lawyer did say after May 31st and into the summer and it looks like the last hearing to resolve everything is on August 30 that falls right in line with what my lawyer said “into the summer” and disbursements won’t start until the fall. Look I am not trying to be better than anyone. I am just telling the facts and those are the facts. You can believe them or not it makes no difference to me.
Joe
The fact is no lawyer know when this is going to end and or when the payouts are going be disbursed. I am not trying to imply I know more than anyone else.I am just getting information from the court docket and trying to explain what they mean. The truth is no matter if your lawyer is one of the lead lawyers or on the steering Committee or even if you got them off of the television at this point none of them know anymore than the other. I believe It is nearing the end though. Recent court procedures below. Docket last updated: 67 minutes ago Monday, June 26, 2017 1895 minutes Motion Hearing ~Util – Set Hearings Order on Motion for Extension of Time Mon 3:49 PM Clerk’s Notes for Motion Hearing held before Judge Douglas P. Woodlock: Hagens Berman to identify the legal issues in the Dial appeal by 7/10/2017. Hearing on Motion for Summary Judgment62 in 14cv10712 (Burkes) scheduled for 8/30/2017 at 2:30 p.m. Defendants to file a list of opt out cases that are subject to remand and a schedule for remaining discovery that would be necessary in the opt out cases by 7/10/2017; plaintiff to respond by 7/24/2017. Court DENIES without prejudice1889 PEC’s Motion to Revise CMO1 re Post Lone Pine Leadership, subject to renewal providing proposed language and/or modification of the CMO1. If motion is resubmitted, Court will address at the 8/30/2017 hearing. Counsel for Beverly Hansberry unavailable today to discuss35 Motion to Withdraw as Counsel. Court will conduct phone conference tomorrow to discuss the motion by phone. Court GRANTS75 Assented to Motion for Relief from Judgment in 13cv11144 (Patton). Court addresses the duplicative actions, 13cv10596 and 13cv11996 (Dennison), and Orders Hagens Berman to file its position on the duplicative actions no later than 7/10/2017. Court ORDERS the PEC to file a supplemental affidavit addressing the three additional plaintiffs (Roy, Weaver, Steinkircher) and the chronology of the extensions given for plaintiffs to opt in to the settlement. Court GRANTS1856 Plaintiffs’ Consolidated Motion to Extend Time to Comply with the Entry of Lone Pine Order, to the extent that plaintiffs shall determine no later than 7/28/2017, whether to opt in to the settlement or comply with the Lone Pine Order. (Court Reporter: Brenda Hancock at brhancock@msn.com.) Associated Cases: 1:13-md-02428-DPW, 1:13-cv-10596-DPW, 1:13-cv-11996-DPW, 1:14-cv-10712-DPW, 1:14-cv-12871-DPW(Beatty, Barbara)
Theresa
I ask my attorney for my decease files and I was asked ,what for. What should I do?
Laurie
This is what my attorneys told me yesterday… Yes—there are a lot of misconceptions out there. I don’t think it’s anyone’s intention to mislead someone else. I feel the science behind this suit is very difficult to grasp and people think they understand what’s going on, when they don’t, and put information out there that other people base their beliefs off of. It’s a never ending battle! I can assure you that NO ONE has received disbursements in these cases. Fresenius will not fund the settlement until there is an agreement met on the percentage of opt-ins. That’s across the board—Massachusetts and Mississippi. If someone received money—they did it from a third party loan company that liens their case. We have had a few clients that have tried to do that, but we highly recommend against it because those companies will rob you blind! I don’t think the summer will slow the progression of this suit down. Everyone is very antsy to get this moving forward to the claims process. We’re hopeful that an agreement will be reached by the end of July and the claims process will begin shortly thereafter, but I have certainly been wrong before! Every time I think we’re at that last extension—boom, another one is granted! It’s very frustrating. It seems like things are lining up for a decision to be made soon though. I’m going to stay on the positive side (only cause I like it better there!—LOL). Please feel free to check in any time. I know this is taking WAY longer than you (or us) would like!!
Debbie
Just talked to my attorney who is also on the steering committee also and he has confirmed absolutely no disbursements are going out this year, so plan on 2018 folks! The Timetable, they hope, will be in July of this year to trigger the settlement. They are STILL trying to achieve the 97 percent opt-in. That could be extended again. Then the claims administrator will go through each file individually and will decide if your case qualifies for the lawsuit (although they have a pretty good idea who would qualify at this point). Then, if your case does qualify, many other steps are taken from that point. Too many to go into detail. Also, They have the right to challenge your case if they choose. Like I said before, disbursements, if your case qualifies, will be in 2018. Let us know if your attorneys have said anything different. Tell them to be perfectly honest with you instead of an educated guess. Also, Out of the 12,000 that filed, there may be 3,000-5,000 that actually will qualify.
Joe
The notice of motion for summary judgment. Is a notice stating they filed a motion for summary judgment. It’s simply a fact of law. Most likely those cases are the ones that have not opted-in and basically there is no need for them to go to trial, because the judgment would most likely be for the defendants or person filing for the summary judgment. I don’t know if you can understand that. Here is a definition of motion for summary judgment. “A motion for summary judgment(sometimes called an “MSJ”) is a request for the court to rule that the other party has no case, because there are no facts at issue. The party making the motion is claiming that either the case should not go before a jury at all, or a jury could only rule in favor of the moving party.” As for the person stating someone in Mississippi already received one disbursement check. Don’t give me that crap. This is not a structured settlement. There are no disbursements of multiple pay outs you get one check and that’s it, this is not a structured settlement.
Debbie
You are right JohnB. Joe, seems to know a lot about this case and Is reporting on this case when there is new information posted, and I, until this day have no idea what any of it means. What is posted is in legal termination citing dates and times that I just dont understand. Perhaps Joe can post what he found regarding the case like he does, and then after that put an explanation of what it all means in laymens terms so we can all understand what has taken place. That would be very helpful. I haven’t had much luck when I go online and try to find anything out about this case and My lawyer just said the case is still lingering waiting for the 97 percent to trigger the settlement which seems like it’s going to take forever with all the extensions. I went on law 360 and you have to register for it and be in the legal field to get any information.
Alexandria
Everyone seem to get different info. My lawyer sent an update letter stating, 12,000 cases filed in GranuFlo litigation. Of those 8,000 opt in, most of the remainders have been dismissed or in the process of being dismissed. A small number of cases, fewer than 200 have chose to opt out of settlement and go to court. I read that the settlement can be triggered when roughly 360 cases are counted for. In the MDL, the judge dismissed almost all cases that did not opt in and did not submit to the Lone Pine expert report and proof of product identification. There are small set of cases not yet dismissed that the courts are reviewing due to pending motions or other issues, hopefully those will be resolved this month. In Mass. state court, the Lone Pine dismissals have not yet been entered. Approximately, 1,000 cases will be docketed as dismissed w/ prejudice in the coming weeks. Hopefully, with the dismissals of duplicate cases (two law firms unknownly representing the same clients), and the cases with incomplete paperwork. GranuFlo leadership will be able to trigger the settlement in short order. The dismissals should enter on the Mass state and MDL dockets around the first week of July. There is still uncertainty on timing because the curing of the deficient class in the hands of other plaintiffs and their attorneys. On the settlement triggers, Fresenius will provide the settlement funds to the administrator within 35 days. However, some law firms will still need to upload documents evidencing settlement eligibility, resolve medical liens, and prepare disbursement before any settlement funds can be distributed. This will take some time. At this juncture, we estimate that we will distribute the settlement funds in the first or second quarter of 2018. Sorry long comment. I think some of this was already stated by people on here. This is what my “update,” letter stated. Every law firm is different and will give different info. I hope this helps. Be blessed.
Laurie
I have not heard a word from my attorneys on any of this! No one is keeping us updated but Joe! Maybe he should get a share in our disbursements if we ever get them! This has been so long now and I believe most of us have had it with the courts and the attorneys! Someone somewhere needs to inform us all on WHAT IS GOING ON! Chelsea, We have not seen disbursements here in Massachusetts.
Chelsea
My loved ones wife lives in Mississippi and she has already gotten one disbursement. Anyone else?
JohnB
Notice means notice of intent to “file a motion(s) before the Judge to rule on a list of Plantiffs for potential summary judgement motions on remaining cases” Not sure this makes much sense and really ask more questions than is helpful. How many cases, what about those cases that are not dismissed, when is the time table for this motion(s), what is relevance to the disposition of MDL 2428 our lawsuit. We need facts about the lawsuit,,, like what is the present status. We are being lead on by all this leagalize bs and we are no further along to resolution than last month, last year.
Joe
Troy, something is not adding up. Are you saying you had the cardiac arrest between the dates of April 1,2002 and December 31,2012 and within 24hr of your last treatment with Granuflo ? I don’t no but i think Naturalyte may have been used for you treatment. The criteria is different for Naturalyte that criteria is the same as Granuflo but this must have happened cardiac arrest must have accrued within 12 hours of your last treatment with Naturalyte, also your predialysis bloodwork would have had to been of a certain level and The bicarbonate prescription also had to be of a certain level so it was more like a Granuflo exposure. That is the criteria for a settlement for Naturalyte.
gladia
oops i’m sorry i put the wrong name in the name box. i posted that comment that said joe posted on june 19th!
Debra
Joe you mentioned a list. Do we know how many cases are making up the 97% yet? No word since I was told that the settlement trigger remains open-ended at this time.
Troy
Joe IDid Meet 24 Criteria. Then Lawyer Tried to give me An Piece of paper with no letterhead on it at all.All I Wanted is enough to get an house an car to travel back and forth to Dialysis.Know me and family may have to move because of fire damage to our home.I guess I didn’t play the lawyers way so be it.Looking for new lawyer.
Judy
Joe thank you for all of the information that you post, it’s so helpful and brings clarity to some things
Joe
Monday, June 19, 2017 1893 notice Notice – Other Mon 4:45 PM NOTICE by Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care North America, Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc. Defendants’ List of Potential Summary Judgment Motions for Remaining Cases(Durant, Maria)
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