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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

Thomas
ARE these z631 cases are those that opt out or all cas ess
Mindy
Joe what does that mean exactly? – Referring to your last comment
Joe
Wednesday, April 12, 2017 1863 notice Notice – Other Wed 3:31 PM Judge Douglas P. Woodlock: ELECTRONIC PROCEDURAL ORDER – In light of the Defendant’s Omnibus Motion (ECF#1862) to Dismiss following the failure of the plaintiffs in the 631 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 May 3, 2017, in each such case in the absence of further order of this court for good cause shown. (Gioia, AnaMaria)
Joe
Here’s a better understanding of what a motion to compel is or means. The final step is relentless follow-through. Naturally, the plaintiffs most likely to attempt to evade the Lone Pine process are the ones whose claims would be dismissed if they complied. That is, a determined illegitimate plaintiff may look for ways to avoid being thrown out of the lawsuit. A common tactic is for the plaintiff to complain that he or she cannot comply because the defendants are withholding “crucial” information. Defense counsel must be prepared to respond, to force the plaintiffs to comply, and to seek dismissal of those who do not. Courts understandably give plaintiffs the benefit of every doubt before dismissing their cases for failure to comply with a Rule 16 order. It may be necessary, therefore, to file repeated motions to compel before a judge will conclude that the non-compliant plaintiffs’ cases should be dismissed. In order to obtain dismissal for non-compliance, a defendant must be prepared to build a solid record. Motion practice can be expensive, but the motion practice necessary to enforce a Lone Pine order is normally less expensive than: (a)conducting medical and expert discovery on dozens or hundreds or even Thousand of plaintiffs, or (b) paying uninjured plaintiffs through a global settlement.
Arthur
Susan there is about 3 or 4 categories or criteria that they use. If you died within 24hrs. Of treatment, if you were using Granuflu, your blood works at treatment and last but not least if you died bt cardiac arrest not heart attack. Then they put you either in category 1 or whatever you belong to. The money will be divided in a point system of sorts. I am guessing there maybe less then 1000 claims in category. The bulk of the money will be split in category. I am guessing between 210k-220k. Your attorney gets a 40% of your money.
Chris
I still don’t understand why my family was denied from this class action. My father had a heart attack and died the very next morning after dialysis. His Dr. had just told us that he was “cautiously optimistic” with how my Dad was progressing but he would not be able to have anything upset the treatment. Cardiac arrest ended all hope. When he got home from DaVita, we had to call an ambulance within an hour. It’s not about the money but the fact my best friend was taken out of the fight by an attempted cover up. I’d be ok with knowing the person who made the call of not disclosing the truth is being prosecuted. My father lost a fight for which he should never have been involved.
Sharon
My mother had Dialysis treatment on a Friday and on Sunday at Church she had Cardiac Arrest, my lawyer said that the clinic she went to was one of the clinic that gave the bad product had she had the Attack on Saturday not on Sun we would qualify for more, how can you say that it wasn’t the full reason, because she didn’t have it on Saturday……. when my mother is buried now …..So why are they trying to get me to sign off on taking $1500 and that’s for me and my 3 siblings. After having me to do most of the foot work myself? I cant and will’nt take that for my mother life! No amount is enough, but they really must be crazy!!
Joe
This information comes from Fresenius Financial outlook for 2017 you can get this information online Iit’s some information regarding the settlement,below. This is nothing official Agreement in principle for settlement of potentially all cases. The agreement in principle called for FMCH to pay US$250 million into a settlement fund in exchange for releases of all or substantially all of the plaintiffs’ claims, subject to FMCH’s right to void the settlement under certain conditions, includ- ing if more than 3% of all plaintiffs rejected the settlement or the distribution of rejecters met certain criteria. As subse- quently agreed between FMCH and the plaintiff committee, and ordered by the courts, plaintiffs may enforce the settlement and compel payment by FMCH if the total of cases electing to participate in the settlement or dismissed by the courts with prejudice, voluntarily or involuntarily, comes to comprise 97% of all cases. The courts are entering “Lone Pine” orders requiring plaintiffs, on pain of dismissal, who have not elected to participate in the settlement to submit speci c justi- cation satisfactory to the courts for their complaints, including attorney veri cation of certain material factual rep- resentations and expert medical opinions relating to causation. FMCH may elect to void the settlement as of May 10, 2017 if the 97% threshold has not been achieved or if plaintiffs’ non- participation falls into suspect patterns. Incidental change to this date is likely. Trials in cases not participating in the set- tlement may resume as scheduled in the discretion of their respective courts. FMCH expects that, in combination with elections to participate and notices of dismissal already sub- mitted, the Lone Pine procedure will result in con rmation of the settlement. FMCH’s affected insurers have agreed to fund US$220 million of the settlement fund if the settlement is not voided, with a reservation of rights regarding certain coverage issues between and among FMCH and its insurers. FMCH has accrued a net expense of US$60 million for consummation of the settlement, including legal fees and other anticipated costs. Subsequent to the agreement in principle, FMCH’s insurers in the AIG group initiated an action for declaratory judg- ment in New York state court advancing various arguments for reducing the amount of their coverage obligations. FMCH led an action in Massachusetts state court seeking to com- pel the AIG group carriers to honor their obligations.
Joe
Friday, April 07, 2017 1859 respm Opposition to Motion Fri 3:57 PM Opposition re1856 MOTION for Extension of Time to Comply with the Entry of Lone Pine Case Management Order and Motion for Leave to File A Motion to Compel filed 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.. (Durant, Maria)
Susan
So my mother passed away while still hooked up to the machine would I be in category 1? I don’t understand how they plan on dispersing the money.. Someone please explain…
Sandy
How does one opt-in to this settlement? My parent collapsed after a treatment and died approximately 48 hours later.
Lisa
What does this mean Joe?
Debra
My lawyer is taking 40% also. They had a status conference yesterday morning. Defense counsel is preparing a motion to dismiss all of the cases which opted-out of the settlement that have not met necessary requirements to continue their claims. They said they likely won’t have any new information until around May 10th deadline. I’m not sure how many people opted in. Some people may not qualify who opted in. So unsure of the numbers.
Joe
Monday, April 03, 2017 1858 notice Notice Setting or Resetting Hearing on Motion Thu 4:52 PM NOTICE OF HEARING: Hearing on Motion1856 for Extension of Time to Comply with the Entry of Lone Pine Case Management Order and Motion for Leave to File A Motion to Compel scheduled for 4/11/2017 at 11:00 a.m. in Courtroom 1 before Judge Douglas P. Woodlock. (Beatty, Barbara)
Debbie
I just realized that out of the 10 people posting comments on this site there is another Debra, so I will refer to myself as Debbie from here on out. My attorney said there is a whole process they have to go through if Fresenius decides to accept or not, which is why if they accept, the disbursements won’t be sent out till next year. And I still don’t understand how the lawyers get 40% out of the settlement it’s usually one third. Out of the 10 or so people on this site (although there are 12,000 claims) are your lawyers also taking 40%? And I still can’t believe there is just a handful of people posting here out of 12,000 claims.
Joe
May 10, 2017 – Date by which Fresenius may elect to void pursuant to the terms of the MSA; and, May 17, 2017 – Date by which Fresenius shall fund the settlement if not voided. Those are the dates ordered by the court. Who knows if they will ask for a extension. Also they establish a qualify settlement fund.so who knows how long the attorneys are going to keep the money in that fund. Here is the definition of a qualified settlement fund. A Qualified Settlement Fund, or QSF, is a fund, account, or trust under applicable state law created to hold settlement proceeds. The QSF is a useful settlement tool that can help ensure that proper client counseling can occur before or during—and even after—settlement.
Anthony
I just want this case settled
Arthur
Debra I am pretty sure out of those 4,000 cases that qualify they aren’t in category 1. Many people filed who really didn’t have a case. It was reported that over 2400 wrongful deaths were filed on this publication. Out of those 2400 how many died within 24 hours and of Cardiac Arrest and that were using Granuflo. I am guessing less then a thousand qualify for category 1. As far as payment who knows. Fresenius still has to approve it.
Debra
They now have until May 10 to decide if they would like to move forward with the settlement. My lawyer said they are almost positive that they will settle with the ones who opted in.
Arthur
Olive deadline is May,10 or sooner. Or maybe not at all. Let’s see what happens.
Debra
I just talked to my attorney and he said Fresenius has until this year sometime to accept but there won’t be any money disbursed until sometime in 2018 which is almost a whole year later than what was originally projected. And out of the 12,000 claims he only thinks about 4,000 people will actually qualify. This is the longest lawsuit ever considering when it all started.
olive
has anyone heard if fresenius is going to accept the settlement or not for the ones who opted in?
Ann
Could Anyone Recommend a good attorney. I just got a official notice today that my attorney dropped my case. My attorney send me only a letter 2 weeks ago saying I had only a week to appear in court. I still want to pursue my case but I only have a limited time now. Thanks, Ann
Joe
Not true Kevin. Thursday, March 23, 2017 1845 motion Substitute Attorney Thu 6:29 PM MOTION to Substitute Attorney by Roberto Alicea, Guy Benoit, Michael Buckley, Aidelina Camacho, Minnie Chesney, Willa Craig, Rosemary Davis, David Dixon, Barbara Ellison, Yolanda Endres, Randy Evans, Teresa Evans, Tonya Peyatte Ferguson, Cherry Gallon, Charlotte Guffey, Maria Guzman, Denise Hampton, Deloris Jackson, Valerie Jones, Nicola Jordan, Keisha Joseph, Brandon Keffer, Julianne Knapp, Pamela Manning, Dorothy Mason, Doris McCullom, David Mineo, Fannie Mitchell, Kathy Munsey, Tina Nunn, Juanita Olivas, Madison M. Peyatte, Jr., Gregory Pierce, Dona Ronzone, Norma Jean Smallwood, Debbie Sprouse, Rosa Vasquez, Consuella Williams, Lashane Williams, Trina Williams, Christina Wilmer.(Wilson, Joshua)
Marie
Kevin, how did you get this info that the judge won’t allow any other trials?
mikey
We are unable to post your comment because you have been banned by Nephrology News. Find out more. Lol when they try to hide the truth
Kevin
The judge is not going to allow this case to go on to any other trials, it will make it final in the next couple weeks. And those who opt out are going to get nothing and will not be able to go to any other lawyer and try to sue again, once this is done it is done. So the money will be split on qualifying people and who have the check boxes check the boxes checked the more money you will receive.
Ron
I just read that the blog on Nephrology News has been shut down . What’s up with that ? Is there any other site that up to date information is given besides this one ? Are there addional Lone Pine Bellweather trials being held ?
thomas
So if it’s 7700 ppl how many qualif for add ons
Troy
NO Joe I Only have 10Paper period NO file. I was told to OPT IN OR Judge will DISMISSED I Had brain surgery, stroke,coma,congestive heart failure plus dialysis.
Joe
Troy did you receive a lone Pine order stating you needed causation and expert testimony. It seems like what you wrote implies that you did get a lone Pine order. You must send in your doctors expert testimony from whoever you can get it from any doctor you have went to it doesn’t just have to be your kidney doctor any doctor can write this for you it can be very basic. Send in your lab work also as far as I know March 29 is the deadline. If you do not send something in your case will be dismissed. You better get a move on fax it to them or in the letter you received there should be a email address. You do not have much time left are your cases going to be dismissed.
Joe
The company is gratified by the outcome in Dial. The verdict in this case, by itself, does not directly impact the previously-announced comprehensive settlement of the Acid Concentrate litigation,” said Kent Jarrell, spokesman for Fresenius Medical Care. “The Dial family plaintiffs elected not to participate in the comprehensive settlement and are now barred from doing so. Under current agreements and court orders, FMCNA is required to confirm or void the $250 million comprehensive settlement on May 10, 2017. No decision has been made whether to confirm or void the comprehensive settlement. The date for confirmation is subject to change.
Joe
I have tried to post details of the verdict from 360 law but this Website Will not let me post it. I have tried multiple times
Joe
It’s possible if we win a majority of the bellwether trials they may offer another settlement to the people that have not opted in.It has happened in other MDL’s. I do not know if it will happen in this MDL. My opinion is they are going to approve this settled. They will get rid of over 7700 cases.That is just my opinion.
Troy
PEOPLE THERE IS NO MORE. SO 7,700 PEOPLE HAVE OPT IN SO FAR .ONLY 250 MILLION .NO MATTER HOW YOU PUT IT ONLY THE STAGES FIRST 250,OOOPLUS.SECOND50,000TO75,000.THIRD1500,PEOPLE YOUR ONLY HAVE 250 MILLION DOLLARS TO SPLIT UP AMONG 7,700PEOPLE WHO OPT IN.JOE I FIRED MY LAWYER. HE SAID I CAN NOT OPT IN OR CASE DISMISSED. ONLY HAVE UNTIL MARCH 29TH.ONLY HOLD ON THE 16TH AN PRESSURE TATIC.
debra
So Joe, what happens to those that opted in if Granuflo and Naturalyte should win 5 bellwethers? Do they accept ours and then make another deal with those that opted out?
Marie
Joe you should be a paralegal. Because mine doesn’t explain anything to me. He did not tell me that we got to pick five cases. He said they got to pick the cases and they are only going to pick ones that they are going to win. He said that’s why the lawyers told us to opt in. I opted in too. I felt like I trusted my lawyer and went with what he told me to do. If I had the whole facts of how this worked, I’m not sure I would have opted in. I definitely feel like the lawyers have not given full disclosure. Joe you have explained way more than they have ever told me. Thank you so much for that.
Rick
Joe, once again thanks for the information,..and yes I also think we win those cases…
Joe
Here’s a definition of what a bellwether trial is In the law of torts bellwether trial is a test case intended to try a widely contested issue.[1] Bellwether trials are an increasingly common phenomenon in U.S. legal practice.[2] Bellwether trials are especially common in Multidistrict Litigation (MDL) practice, where many cases have been consolidated for purposes of discovery and pretrial matters. In these MDL cases, it is not practical to prepare every case for trial. Several matters are, therefore, selected as bellwether cases and prepared for trial. They are then settled or tried and the results are used to shape the process for addressing the remaining cases.[3] A bellwether trial is designed to achieve value ascertainment function for settlement purposes or to answer troubling causation or liability issues common to a universe of claimants.[4] For the tried cases to achieve these purposes, it must be representative of all cases.
Joe
Everyone needs to relax there were a total of 2 trials both were lost. However the first trial was a state trial you can call it a bellwether trial or whatever you want to call it. The first trial that was held in state court does not pertain to this federal MDL. They are Two different trials..A Bellwether trial is a test trial the outcome is not binding and will have no effect on anyone’s case. There are a total of 10 bellwether trials for Granuflo and Naturalyte. Because the first trial was held in state court that does not apply to this federal MDL so what that means is there was actually only one bellwether trial lost in this Federal MDL there are 9 more to go..five of the bellwether cases are picked by the defendants and five are picked by the plaintiffs.. The defendant are going to pick weak cases I believe the Dial case that was lost was actually picked by the defendants one of their five that they got to pick thats why The case did not look good and was lost. The paralegal should have explained that to you I guess In a way he did he said the company got to pick the case he probably meant Fresenius got to pick the case one of there 5 out of the 10 total. If we would have won this one it would’ve been a game changer but it was not expected to be won in my opinion.Let’s wait and see what happens when we, the plaintiffs go to trial on the cases we picked for the bellwether trial.I bet they will be much stronger and we will win a majority of them.all of are five I believe will be won. Remember whatever happens in these bellwether trials doesn’t affect anyone’s case at this point. These judgments that are made win or lose makes no difference none of the verdicts are binding. There are over 4000 cases that have not opted in these are test trials to see how the real trails may turn out. If Fresenius loses the majority they may come up with a large settlement offer.so they don’t have to have 4000 trails. Ask Google what a bellwether Trail is It will give you a complete definition.
Marie
So I spoke to the paralegal this week and asked the question of why we weren’t told the cases were going to continue even when we opted in? He said because we lost the first two cases that were Bewellther trials and that the lawyers recommended we opt in because they thought we were going to lose. I asked him why the cases were chosen where people already had an existing heart issues? He stated because the company picled the cases they wanted to go to trial with. My mother had no heart problems whatsoever and died from a metabolic heart attack. He said they would never pick her case to take to trial in court because the Company knows they would lose those cases. Her heart was healthy per testing even after she had the cardiac arrest. Seems all a fixed system if you ask me. We never had a chance to begin with.
DEBRA
Dail case was a loss. Read top news about it. They get nothing.
Silvia
Our dad died after going into cardiac arrest after 3 dialysis treatments, lawyers say clinic didnt use Fresenius and wanted to dismiss our case, makes me think another company or clinic may be at fault. Anyone else have a situation like this? Thanks
frank
My mom was only on dualistic 19 days went there 3car each time she was rushed to the hospital last time she passed right in there table
Angela
Well said Mary G!!
tovise
First my lawyer told me not to settle that we had a great case then my lawyer said they were hiring a doctor that cost $600 an hour now my lawyer is telling me to try to get into the settlement because the doctor wants 5 years of medical group cool reports try it to my father’s death which might be really hard to get before March 29th I’m so confused I don’t know whether to join the settlement or what but my lawyer is now causing me to join the settlement I really don’t want to any thoughts
Mary G
How funny I found this site. I opted in as well, I have the same concerns about the attorneys. I wanted to get out about 6 months ago because I didn’t feel right. But I know I signed the papers. My mother to passed, even as a nurse I didn’t see this coming. She took her last breath while finishing up dialysis. I had to mourn her death twice. I thought she passed because she was weak from her Lupus and could not tolerate the treatments. Then come to find out 5 years later it was the granuflo that killed her. If the lawyers lied and involves greed, they can have it. Just want peace.
Rick
Thanks Joe for the info, and Marie has a point why speculate on one patient…
Marie
I’m not sure why in these cases they keep picking patients that did have existing heart issues. My mother had zero heart problems. In fact after she had the heart attack she was found down too long and had brain damage. The cardiology did a heart test and said her heart was 100% healthy and if she would wake up that it would be perfectly fine. Why not use a case such as hers? She had her heart checked many times in their records showing this that she had no issues with her heart. It was definitely caused by granuflo. It was 2 hrs after Dialysis the heart attack happened.
Debra
Joe – Rick wants to know if all of us are out of luck and if there is a chance for any of us. You seem to know what’s going on. What do you think?
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