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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 companyโ€™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 recallโ€”the agencyโ€™s most serious levelโ€”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 patientโ€™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 Freseniusโ€™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 Freseniusโ€™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

Plaintiffsโ€™ 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 Freseniusโ€™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 plaintiffsโ€™ 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 Freseniusโ€™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 companyโ€™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 patientsโ€™ 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 companyโ€™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 companyโ€™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 Freseniusโ€™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 companyโ€™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 Freseniusโ€™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 patientโ€™s death. The claim served as a precursor to hundreds of later lawsuits consolidated into multidistrict litigation over Granuflo and Naturalyte.

1336 Comments

joe
joe honestly i’m not 100% sure which is why i was wondering if anyone got the same update because people since the beginning has had conflicting info. just got an update from my lawyer saying 35 days til we go to the process toward the claims administrator. has anyone to your knowledge gotten this info also?
Debbie
Troy I feel so bad for you. It seems you had a dishonest lawyer that took advantage of you, the kind that give other lawyers a bad name. Hopefully you will get justice with a new lawyer. Don’t give up and keep pursuing your case until you reach the settlement you deserve, even if you have to have a patient advocate to help you. Good Luck and God Bless You.
Terrisa
I’ve heard so many different comments regarding the Granuflo case and the settlement; It seems that all of the attorneys are telling their clients something different. I’m at the point that I don’t know who to believe. I’m not going to assume anything about this case and post it on here. We all are looking for facts. If you have any facts at all please let others know.
Joe
Some people are saying 35 days. Not sure what that means, 35 days from what date. There is still court activity. I know at least until July 6 cases are still open. Thursday, June 15, 2017 1891 order Order Thu 2:53 PM Judge Douglas P. Woodlock: ELECTRONIC PROCEDURAL ORDER – In light of the Defendant FMCNA’s Second Omnibus Motion (ECF# 1890) to Dismiss following the failure of the plaintiffs in the 33 cases identified therein to properly comply with Case Management Order No.17 (ECF# 1825), the Clerk is directed to enter a Judgment of Dismissal with Prejudice on July 6, 2017, in each such case in the absence of further order of this court for good cause shown. (Gioia, AnaMaria)
Joe
Troy , before you could have been put in category 4 you first would have been put in category 1 then the claims administrator would have moved your claim to category 4. Somehow you did not qualify for category one therefore you could not be moved to category 4. I have been looking over the hearing documents and at The hearing, Fresenius had doctors and scientific proof. Stating after 4 hours the drug is out of the body’s system. Are lawyers said that is not true,everyones metabolic rate is different and in one person the drug may metabolize differently due to weight,size,liver function,Etc. Both sides agreed that after 24 hours no matter how your body metabolized the drug,it would be out of the body within 24 hours. So that’s how you get the 24 hour timeframe for the settlement guidelines. That’s why the closer to death after use the higher the add on amount.
Michele
This is an email I got from my attorney this morning. The march to 97% continues. Just this morning the judge entered an order dismissing a bunch of cases for individuals who had multiple filed cases.
Troy
Thanks Joe For The Information About The 1-4Critterias .IHave AnPaper With Only 3. With an paper marked confidential on It.So If You Don’t Read The Other 7pages which explains everything you would not know about the 4th.So IFired Him anConflict of interest.He Tried to look out For Himself,wife.MarchThe15recievedAnTextFromHim .Talk16th He Said point blank IHave to give an affidavit for new lawyer on case and The Judge says you have to opt in or dismiss your case.While on speaker phone we all heard that.My Sister Said Put It In Writing he said ohh not in office at the time.He never gave It to me at all another lie.Do The Math People 250 Million Out Of The People who have opt in.They 4th criteria For People who have lived through Stroke,Coma,Any Health Problems.Like Me plus Brain Surgery.know have congestive heart failure.FromThis Produce and still have to go to Dialysis.You have to have an perfect bill of health to be put on transplant list.Thanks to them IDont have perfect health..I will tell you the truth look out for your best interest
Debbie
Can you all ask your attorneys why they came up with such a low settlement for the loss of our loved ones from Fresenius that has made billions of dollars over the years from billing Medicaid, Medicare and all the other insurance companies for dialysis treatments? Fresenius alone makes a profit of ($1,000,000,000) One Billion dollars a year. All true. Look it up.
gladia
that’s what i’m assuming. i just called for an ”update” and that’s what the paralegal told me. i’m just wondering if anyone else was told this. i’ve seen a few people get conflicting information from their lawyers before so i wasn’t sure if anyone else got the same information
Judy
Gladia, so I assume they almost at the 97% , we know the claims administration is the next process.
gladia
i talked to my lawyer and he said that we going toward the claims administrator process. he said it should take 35 days to get everything set up with him/her. has anyone else got this info?
Debbie
That’s exactly what I am saying. Why would our lawyers agree to such a low settlement of $250 mil when The Pradaxa lawsuit just settled for $600 mil and we lost our loved ones too? They should be fighting on our behalf to come up with a decent settlement amount that’s not insulting. Nobody should have to go through what my father endured with their haphazardly administration of that drug that killed him. Something stinks here.
JohnB
There is no reason to halt the bellwether trials as previously stated. I beleive that they will continue and that they are not part of an aweful settlement agreeded upon by those who representative in the MDL 2428. Ask why the lawyer group agreeded to this settlement without consulting us?
Joe
Elle,some of the cases that have not opted in are being remanded to state court for trails. Believe me there are cases that are going to trial they may not have gotten the date yet for trial but they they will be gone. I know the people that complied with the loan pine order. Were offered A stipulation of dismissal. If they denied that offer the likelihood is they will be going to court. I am sure on here there are A few people going to court but are simply not talking about it. If you believe out of all cases that did not opt in none of them are going to trial that’s simply not true.
Elle
Joe… any information on how many cases from Mississippi? Why would any cases be returned to the state, at this time? How can they withdraw from the MDL?
Arthue
Fellow plaintiffs on this blog. This article I am about to mention concerns us all. It was written in May of 2012 concerning the use of Granuflo at Fresenius and Davita Clinics. Allnurses.com is the website. The title is Fresenius–Granuflo–were patients harmed? It pretty much hits our plight and what we are all going through. Also there are about 15 comments given by the nursing staff at Fresnius during when all this fiasco was going on. I think it sheds more light on our situation. Please read.
Joe
I understand that Mississippi was supposedly remanded back to state court. But when looking at the main docket the Attorney General Of The State Of Mississippi is still a party in this lawsuit.
Elle
Some of us know more than others abt how these cases work. So why is this defendant allowed to make the first level of criteria.. i.e., who has been damaged and how damaged? 2. Based on the memo stating that there was definitely a problem w granuflo shpd in concentrated form to be cost effective. 3. Apparently 941 deaths occurred after this change. 4. Knowledge of the situation. 4. No change in distribution. 5. Medical information n awareness by medical staff fully disclosed to public. 6. More people affected by stroke, afib, cardiac arrest. 7. Clinics not acknowledging Zoe changing administration of solution. 8. Continued health problems, most likely due to already existing physically conditions. 9. No change at clinical level, no change to patient care. 10. Lawyers advertising information for clients. So when did the lawyers find this out..?? They spend lots on advertising to swell their client base so they r more powerful. Repeat MDL law firms represent 12000 cases, and have meetings w defendants, not made public to the clients represented by plaintiff attorneys. These plaintiff representative law firms agree to the terms set forth by the defendants. They then know how much their fees will be and how they will weed out the superficial claims they invited in. They have gone about weeding and dismissing the very same cases that made them strong from the start and gave them the negotiating power from which they accepted this unacceptable agreement… and they continue.no objection to anything that is in favor Of the defendants .. the defendants have been and continue to be in control… what are the rights of the Plaintiffs that we don’t seem to be knowledgeable or informed about. Many people have suffered but few will be made whole again due to a very powerful adversary. I realize this is philosophical , however, are we lambs not to have any legal voice within our justice system. Is anyone truly representing us ?
mona
Joe; How sure are you that checks will be mailed after Septemember 22.
Alexandria
Thanks, for the response, Joe. I Opt in when they first sent the Opt in letters out. I remember reading on the Nephrology website, where one person would call you an idiot for Optting in. I honestly where scared that I was doing the wrong thing, tell this day, I still have doubt. Joe, I would read your comments on Nephrology website and I don’t think you ever called people idiots for Optting in. You let people make their own decisions, so I trust that you believe your Lawyers and they tell you what you need to know. On the other hand, my Lawyer, would be mad if they knew I was on here asking question. They told me to Opt in, this is it. The one thing I know, no amount of money would bring my Papa back. I can’t wait tell this is over. I know you mention your Lawyers, believing the settlement would be reach. My Lawyer feels the same way however, I feel this lawsuit will go on for another 2 years, I hope I’m wrong but, who knows. Anyway, thanks Joe, be blessed.
Joe
OLIVE , I am pretty sure my lawyers believe the settlement is going to be reached as in the 97% he said we are very close now. If he did not think the call meant was going to be approved he would’ve said it doesn’t look good. He did not say that so I believe it’s going to be approved they have big corporations that are involved in this MDL settlement one is Blue Cross Blue Shield the other one is Mississippi the state of. They would lose more going to trail on those two cases alone.
Ellen
MDL cases are an avenue for plaintiffs lawyers to expand the criteria for inclusion of any case at start. It seems that the time spent once the is filed is to rid the MDL of cases that r questionable n week out plaintiffs that may not have meet the guidelines originally. Reducing the cases down to a. Umber that may not have warranted an MDL originally. Is it possible that it would b handled differently from the start. How many cases warrant MDL representation. Should cases be considered individually at start instead of everyone being filed n then dismissed by large law firms. Who is responsible for this approach?
Debbie
I do have a heart, but this has become a major thorn in our sides. Like I said, due to all the stipulations and what Debra said above, this case, my attorney said, will probably settle the end of this year or next year. But my attorney said that is if Fresenius decides to move forward in settling. As you can see, we have all seen, these dates keep getting extended when the 97 percent was supposed to be achieved last summer. This is true about if Fresenius decides to accept, they will then have to access each individual case to assign them points. That’s a process. And thats the first process of many. So we are really looking at next year for the disbursements if any. It’s already well into June so that’s just another 6 months. My attorney also said this wait is ridiculous he’s never seen anything like it. I talk to him once a month.
Laurie
This is what my lawyer told me on May17th… Iโ€™m sure it will come as no surprise to you, but there was another extension in the Fresenius cases. There are so many possible dismissals in front of the Judge and he is granting hearings on most of them so it is taking him a long time to get through the case load. He requested an additional month, but honestly, I think it may take a bit longer. We are hoping to have some sort of resolution by the end of June. Fingers crossed! And I truly appreciate your patience and kind words. This litigation has been going on for so long that I can certainly understand how some people are losing their patience.
Joe
Debra,what your lawyer told you is completely true.There was a motion for summary judgment by Fresenius on a certain number of cases Here is Fresenius Motion to the stay Thursday, June 01, 2017 69 respm Response to Motion Thu 5:06 PM RESPONSE to Motion re67 MOTION to Stay Trial Pending Resolution of the Appeal in the Related Dial Case filed by Fresenius Medical Care Holdings, Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc Here is the judges orders to the motion to stay. Friday, June 02, 2017 71 order Order on Motion for Extension of Time to File Response/Reply Fri 4:34 PM Judge Douglas P. Woodlock: ORDER granting68 Plaintiff’s Motion for Extension of Time to Respond to Defendant’s Motion for Summary Judgment. Plaintiff shall file such opposition no later than June 23, 2017. (Beatty, Barbara) 70 order Order on Motion to Stay Fri 4:30 PM Judge Douglas P. Woodlock: ORDER denying67 Plaintiff’s Motion to Stay Trial Pending Resolution of the Appeal in the Related Dial Case.
Joe
Alexandria , When I say they know what they are going to do already ,I mean approve or deny the settlement in general. You are correct if and when the settlement is approved supporting documents Will have to be submitted to the claims administrator for claims verification. That is what i was told by my lawyer. I believe the claims administrator has already given a point value to each Claim in category 1. However supporting documents will need to be sent in to make sure that the documents support his decision . They have not told any lawyers what point value they have because it is not official and it very well could change if the supporting documents are incorrect or inaccurate. My lawyer gave a very broad timeline, after May 31 and into the summer before anyone would know anything about how many people per category. Some people were wondering about the bellwether trials. There was a settlement so unless the settlement is voided there will be no more bellwether trials. All cases that still exist Will be remanded back to the State court that they filed in. There were 2 so called bellwether trials one was in state court and 1 was for the people that did not opt-in the first one in state court was not really lost the jury found Fresenius guilty of improper labeling but were found not guilty for the Drug causing the death of the patient so no punitive damages were awarded. As you probably know The Second only official bellwether trial was for the people that did not opt-in those people we’re on Naturalyte not Granuflo and that trial was lost. The verdict is being appealed though so that could be what they are waiting for before they approve the settlement.
Anthony
People take the money or opt-in.the some money we can get today will be the same if we wait 2 years from now.we lost from day one!! can’t you see that. Out of 10.000 ceases you telling me they couldnt find one case that fit the criteria to win. Instead they went to court with a case that couldn’t Win.now you see we was sold out.
Debra
This is the reply I got back from my attorney: “The settlement trigger remains open-ended at this time until Plaintiffs can cure deficiencies with opt-in documents (none from our firm) and clear up remaining issues with cases that involving plaintiffs that filed cases with multiple firms (dual representation cases). These issues will need to be resolved so that the Plaintiffsโ€™ can reach the required 97% opt-in rate. Defense will likely not trigger the settlement until these two issues are fully resolved. We will do our best to keep you informed of the progress. Thank you.” Looks like this is going to take forever. Why would people file with multiple attoneys?
Elle
Debbie, I think u have to have a heart to care and be kind. Those two things are not part of this process
MAGNOLIA
I NEED TO KNOW HOW DO I PUT A CLAIM IN BE ON DIALYSIS 30 yrs AND THEY USED THIS ITEM AT MY UNIT FOR YEARS SO CAN SOMEONE HELP ME WITH A CLAIM THANKS
OLIVE
joe since your lawyers are on the steering committee do they have any real belief that fresenius is going to actually settle.im just so confused at this point
orion
We have been mislead into this MDL2428 by a cleaver method know to lawyers and practiced by big DRUG. Floks dont hold your hopes high any more. This is a standard practice by MDL and big drug companies. No compensation for your losses. Sorry
Alexandria
So Joe when you say, “they have decided what they are going to do.” Does that mean for the people that have Opt in? Because I figure that the Opt in info should have made to the “Settlement Special Master,” who would then look through each individual Opt in case and asign points to each case that meet whatever qualifications. Put each case in whatever Catogery they fall in or throw them out. I might be getting ahead of myself, just wondering what they are doing now. I use to read the info on Nephrology website however, once all the childish name calling began, I wanted no part of that.
Debbra
These extensions are pure torture. Please show us a little kindness and end our suffering. This just exacerbates our grief….please, please, please…end this.
Joe
My lawyer is on the steering committee.So all information comes to him first. Like I told everyone after May 31st or into the summer. Those are the accurate dates. Here is A definition of steering committee. steerยทing comยทmitยทtee หˆsti(ษ™)riNG kษ™หŒmidฤ“/ noun a committee that decides on the priorities or order of business of an organization and manages the general course of its operations. I have the list of MDL cases pending from 2015 and there is absolutely no more Activity in any of the cases. I have not went through all cases but I went through the majority of them and there is no more activity meaning They have decided what they’re going to do.
Debbie
So my attorneys are probably right when they said disbursements will be made next year. We can Expect that July Deadline to be extended also. My attorney figures it willl settle by the end of this year and disbursements will be made next year. Anyone hear anything different from their attorneys?
Jay's
Its a shame that they as the attorney. Keep prolonging my attorney and most of the ones are represented are not even part off the MDL it appeared in any court preceding in this case I think that we should all right and protest to world newsi u mean its thousands of us for. The rest of the month we all should right the judge and the supreme court and the fda it may be crazy even mail Donald trump him self CNN fox remember its thousands so guaranteed to get this over the reason they keep stalling because its out the Media eye we as a group contact the social network and it get expose then they will resolve this me personally I’m tyed of the wait by July this company will have made a few billion by far so for our attorneys to let this keep going on is a insuilt to our love ones I have no respect for my attorney or t lead ones I bet that most of the people on this site do not have a attorney that is on the front line with this how many of us love ones dyed at there facility in there chair that have a lawyer that are part of the lead council handling this case some body or all of us we need closure
Marie
Ridiculous. How long does it take? Who gets the interest off the money that is supposedly in an account sitting? I am so ready for this to be over with. Bad enough we are getting screwed over, why can’t they just finish the act in a manor. People work like snails anymore everywhere. There is no hurry to finish anything the world ever.
Elle
I am amazed that the Dial case has been appealed… no wonder it has been pushed back again..
Carolyn
This is such bullsh*t. We will be dead from old age before this is done.
Alexandria
I wonder if they continue to push the date back, just to walk away in the end. Also, I wonder if they are pushing the date back, to let more people Opt in. It seem like the more people Opt in, the less money to go around.
Judy
Talk to our attorney yesterday, now it’s extended to mid July
Judy
Carolyn yes it’s yet another push back date, mid July!
Debbie
Has anyone figured out why we were only offered $250 million when the Pradaxa (blood thinner) lawsuit was settled for $600 million just recently and we have the same amount of people that have died or their lhealth destroyed because of Granuflo? Why did the Pradaxa case have warranted so much more money than ours? Someone google it and tell me what you think. That’s a Huge monetary difference in their settlement versus ours.
Carolyn
Has anyone heard if they are going to extend this again?
Joe
The Dial verdict is being appealed. Here’s the public record. Dial v. Fresenius Medical Care Holding, et al Filed: March 21, 2017 as 17-1259 Plaintiff – Appellant: FLORELLA DIAL Defendant – Appellee: FRESENIUS MEDICAL CARE HOLDINGS, INC., d/b/a Fresenius Medical Care North America, FRESENIUS USA, INC., FRESENIUS USA MANUFACTURING, INC. and others Court: First Circuit U.S. Court of Appeals, First Circuit Type: Other Statutes โ€บ Torts
Anthony
I am a victim as all of your and your loved ones. we lost even before we started. I know it hurts for the money that they offering but but some money is better than no money. hey we gave it a good fight now it’s time to move on with the money we will receive
Elle
If anyone has opted in there is no choice available any longer. Unfortunately it is in the defendants court where it seems to hv been since the beginning. Acoording to the MDL form each side as meant to hv equal bellwether trials to make determination fair n representative of each side however, that has not occurred. For some reason a settlement was immediately offered n accepted by plaintiffs attorneys. In these cases attoryspeak for their clients n do not engage in open Conversation w clients so that a clear full disclose of complete details r made available to individual plaintiffs. Therefore, given these details what exactly can u add to this at this late date.
Deebbra
Let us all remember our loved ones this weekend and pray for peace in hearts.
Anthony
We need to take the offer because the system was against us from day one.they will prolong the same money for years.we lost so let’s move on.
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