Skip Navigation

About Lawsuits

Suboxone Tooth Decay

Depo-Provera

Ozempic Wegovy and Mounjaro

Bard PowerPort

See if you qualify for compensation
See if you qualify for compensation

Fresenius Dialysis Treatment Lawsuit

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

Fresenius-Dialysis-Treatment-Lawsuit
Russell Maas

Add Your Comments

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

Sharon
It was my understanding that 97% had to oped in for them to start the payout process. Was that a misunderstanding on my part ? What % did oped in ? What happens now ? They shouldn’t be allowed to keep dragging this out like that.
Joe
Full article of what happened 9on February 27,2017 Fresenius Dialyysis Drug Didn’t Kill Patient, Jury Told By Brian Amaral Law360, Boston (February 27, 2017, 8:21 PM EST) — A man whose next of kin are suing Fresenius Medical Care didn’t actually die from taking the company’s dialysis drugs, but instead a heart attack that followed years of stunningly high blood pressure and other medical problems killed him, an expert for the company testified Monday. Dr. Peter McCullough, testifying for Fresenius in the third week of a bellwether trial for people who opted out of a $250 million settlement, said that the dialysis company’s drug Naturalyte was not the cause of North Carolina resident Carley Dial’s death in February 2012, as Dial’s family contends. “My opinion is that Mr. Dial died of a fatal heart attack,” McCullough, a cardiologist who has focused his career on studying the interplay between the heart and kidneys, said on direct examination by Roger Denning of Fish & Richardson PC. Dial’s own expert said that Dial died of cardiac arrest, a separate condition. Dr. Steven Borkan, testifying for the plaintiff, said that because of high levels of bicarbonate in Dial’s system, his system became dangerously alkalotic, which, combined with crashing potassium levels, caused an electric problem with his heartbeat. His next of kin say that Fresenius failed to train and warn a network of doctors about the proper uses of Naturalyte. Two different chemicals, bicarbonate and acetate, worked to regulate the amount of acid in a diabetes patient’s system, doing the work that the failing kidneys couldn’t do. It was unclear from Fresenius’ label or its training how those two worked, leading to chemical overloads and heart arrhythmias, the Dials say. But McCullough said that years of Dial’s medical records showed that the more likely cause of Dial’s death was a heart attack, or blockage of flow of blood in the heart. Dial’s cause of death is a cornerstone of the case, and will likely be a pressing question for a jury in any of the opt-outs from Fresenius’ settlement; patients who have kidney disease are at a greater risk of other health problems, McCullough explained. Dial was obese and had high blood pressure that didn’t respond to medication, McCullough said. His father died of a heart attack and his mother had an angioplasty, a procedure to open heart arteries, McCullough said, a strong family history. He even had to be hospitalized for high blood pressure in 2001, McCullough noted, a rarity for someone in their 40s. During another hospital visit in 2008, Dial had a heart scan, McCullough said. Tests revealed that he had critical blockages in his heart, developing over decades, McCullough said. Doctors recommended that Dial have a heart catheterization, but he declined to do so, McCullough said. “It’s very cohesive,” McCullough said. “All these things we’ve been talking about make medical sense.” Fresenius is represented by James Bennett and Megan S. Heinsz of Dowd Bennett LLP, William Kettlewell, Sara Silva and Maria Durant of Collora LLP and Juanita Brooks and Roger Denning of Fish & Richardson PC. Dial’s estate is represented by Robert Carey and Molly Booker of Hagens Berman Sobol Shapiro LLP, Craig Valentine of Norton Frickey LP and Stuart Paynter of the Paynter Law Firm PLLC.
Joe
Debra,stop speculating on things. I never said that people that are going to trial will win millions. The cases have to be won at trial and even then nobody knows what the jury will give if the trials are won. These cases are going to trial or are part of the MDL bellwether are very complex who knows with the Jury is going to decide.The people that have happened in May or may not have done the right thing. What if it goes to trial and we lose, thin white case over and you would receive nothing.
Joe
Rick, here is a total of 10 bellwether trails that are supposedly to take place for the Fresenius,cases because there was a settlement and they did not reach the 97% they are proceeding with the bellwether trails. Basically these trials are for the people that did not opt in .The settlement was excepted by both sides but it was A aggregated settlement meeting almost all people had to participate as in all plaintiffs . They agreed that if 97% participate and Opt-in The settlement would be triggered. That did not happen. So according to the settlement agreement Fresenius, has the option to actually settle with the people that have opted in even though it isn’t the 97% .They also have the option to walk away from the settlement all together. Because the threshold was not met. If they choose to walk away that does not mean the lawsuit is over. All cases or most cases will be disbursed back into the MDL and proceedings will continue like they did before the settlement offer. You will be in the same position you were before the settlement offer..my understanding is they are going to settle with the people that have Opted-in that is not official however.Fresenius, has not made it clear to anyone what they are going to choose to do.There Are some cases that fall into the lone Pine order category . These cases will need to show more causation and expert testimony those cases will be reminded to State court or be put back into the cases that are being tried in the bellwether trials right now . The problem for these people is, it is going to be very hard for them to get the causation and expert testimony..
Marie
I thought the lawyers were supposed to be on our side. They are being paid by us. Or at least are getting a third of our settlement . I was also told by my paralegal that Medicare could put a lien on the money and take it when we do get the settlement. So if you end up with say $20,000 they might end up taking it from you anyway. I just wish lawyers would be honest to us all. So sad. We lost our love ones and no one seems to care.
Rick
What does this mean for us Joe? Are we out of luck..or is there still a chance for us..
PHIL
Is the $250,000,000. had been settle to people filed the LAWSUIT or still pending? Me I still waiting for the $ from the Company.
Terry
Debra you are so right, they didn’t want to do any work, it seems to me they just wanted to file and wait and see what they could get.
Joe
Fresenius Dialysis Drug Didn’t Kill Patient, Jury Told By Brian Amaral Law360, Boston (February 27, 2017, 8:21 PM EST) — A man whose next of kin are suing Fresenius Medical Care didn’t actually die from taking the company’s dialysis drugs, but instead a heart attack that followed years of stunningly high blood pressure and other medical problems killed him, an expert for the company testified Monday. Dr. Peter McCullough, testifying for Fresenius in the third week of a bellwether trial for people who opted out of a $250 million settlement, said that the dialysis company’s drug Naturalyte was not the cause of North Carolina resident Carley…
Debra
So What you wrote above means that person and that trial with those attorneys trying that particular case means that person In their individual case will get probably millions (that’s just one case!) and we that opted in end up with maybe 12,000. This is not fair! I was persuaded to opt in because they made it sound that was the way to go. If they would have said to me “listen let’s go to trial and we will win because we can prove it was GranuFlo, I would’ve opted out! They didn’t present it that way. They just didn’t want to try the case. They get free money for just filing the lawsuit this is not fair!
Marie
I still don’t understand why it was legal for them to lie to us and tell us that we had lost the case and that we should except the settlement. After I didn’t sign right away they even called to talk me into signing them. They should’ve explained this fully before our lawyers talked us into signing papers. For some reason they have kept us in the dark. Are they getting something from the dialysis company? They are supposed to be protecting us, not them.
Kim
Can we find out how long after his last dialysis treatment he went into cardiac arrest?
Joe
Chemical Overload Killed Fresenius Patient, Jury Told By Brian Amaral Law360, Boston (February 21, 2017, 6:08 PM EST) — A North Carolina man died from an excess of chemical ingredients in the Fresenius drug NaturaLyte, an expert witness testified Tuesday in a bellwether trial over the medication. Dr. Steven Borkan, testifying on direct examination for the plaintiff, said Carley Dial showed concerning levels of bicarbonate — which treats diabetes patients who are on dialysis — before he was treated yet again with NaturaLyte, on a dialysis machine with bicarbonate levels at the highest settings. He died in February 2012, the result of crashing potassium levels and an off-kilter blood pH level, causing his system to become dangerously alkalotic and shorting out his heart, Borkan said. “I believe Mr. Dial unfortunately died of a sudden cardiac arrest that more likely than not was due to excess delivery of bicarbonate,” Borkan told the jury. Bicarbonate is added to dialysis patients’ blood to help them regulate acid in their systems, doing a job that, because of diabetes, the unhealthy kidneys cannot do. Borkan, testifying in the third week of the first bellwether trial for holdouts after Fresenius Medical Care’s $250 million settlement of a multidistrict litigation, said he was surprised to learn that Dial’s doctors at a Fresenius clinic in North Carolina continued to give him the highest amount of ingredients possible even after he showed high levels of bicarbonate in his system, as well as reduced potassium. “I would have expected his dialysis prescription to deliver less bicarbonate,” said Borkan, a kidney specialist in Boston. “And I would have been very concerned about his falling potassium.” Dial’s next of kin say in their lawsuit that Fresenius failed to train and warn doctors about the risks and proper uses of NaturaLyte. The drug’s label was a confounding mess, Dial’s next of kin say, listing ingredients that weren’t actually in NaturaLyte. The suit claims that Fresenius didn’t clearly inform and train doctors about how one ingredient, acetate, worked to magnify the effect of the other ingredient, bicarbonate. Borkan pointed to the extra bicarbonate from acetate as the cause of Dial’s condition. Essentially, an overload of NaturaLyte overcorrected the attempts to regulate acid in the blood through dialysis, according to Dial’s suit. Fresenius’ attorneys have argued that Dial didn’t die of a cardiac arrest but instead died of a heart attack, a distinct killer. While cardiac arrest is likened to an electrical problem in the heart’s beat, a heart attack is often described as a plumbing problem, where an artery clogs and blocks the flow of blood. But Borkan, in his differential diagnosis, rejected that hypothesis, saying that all signs pointed to cardiac arrest. For example, seven or eight years of heart monitoring were stable for Dial, Borkan said. And while Dial’s doctors once suggested that he get his heart checked for artery health, Dial instead opted to self-regulate, without issues, Borkan said. Indeed, Dial was a model patient, who followed instructions to a T and drove himself to the clinic until his very last appointment, Borkan said. If the chest pains that Dial felt in the lead-up to his death were indeed the sign of a heart attack, rather than acid reflux, he’d have died much more quickly, Borkan said. During a brief cross-examination by Fresenius attorney Roger Denning of Fish & Richardson PC, Borkan acknowledged that he’d never been the medical director for a dialysis clinic, he’d never done any published paper on blood bicarbonate levels, nor was he a doctor who specialized in heart medicine. But Borkan stuck with his assessment that Dial’s doctors failed to recognize that acetate was contributing to the levels of bicarbonate in Dial’s system — despite not having seen the testimony of the doctor who treated Dial. “I only had to look at his prescription,” Borkan said. Fresenius is represented by James Bennett and Megan S. Heinsz of Dowd Bennett LLP; William Kettlewell, Sara Silva and Maria Durant of Collora LLP; and Juanita Brooks and Roger Denning of Fish & Richardson PC. Dial’s estate is represented by Robert Carey and Molly Booker of Hagens Berman Sobol Shapiro LLP, Craig Valentine of Norton Frickey LP and Stuart Paynter of the Paynter Law
Joe
I know it may seem like I know a lot. All the stuff I am posting you can get online. It may be difficult but it can be done. A lot of people seem desperate. Let’s see how this turns out, it may not turn out the way people are predicting. Let’s wait and see what happens. This Dial v. Fresenius Case is a bigger deal than people realize.
Stephanie
I think that’s a very good idea Angela. I looked at your link. It couldn’t find the petition. Arthur- If it was that easy, more than half of us wouldn’t be in the predicament that we’re in now. What lawyer out here is willing to sue another lawyer for malpractice and misrepresentation? Really?!? Find one and we’ll ALL have a class action. By the way, no pun intended. #FACTS
Arthur
I really don’t think you need to do all that. Just sue them for legal malpractice or for misrepresentation. Either way you got them. Hopefully this Dial case comes out promising for everyone involved.
Angela
Joe, you seem to know more about this case & have been more informational than our own attorney’s. I’m asking on behalf of all involved if you would represent us in a petition? https://www.change.org/ I too feel like I was duped by my attorney’s & told to take the opt in or nothing! We need to do something about this and not allow them to get away with what all involved have done to our family member’s. Please!
Mary
Joe, I learned more from you than I have from anyone including my attorney’s. Thank you for posting. Husband died in 2011 while in dialysis.
frank
How much will each category recive Joe do u no
Joe
Debra,your lawyer seems to be pretty honest my lawyer is also honest with me.trail is for Naturalyte but Granuflo and Naturalyte are the same lawsuit so it will affect everyone that did not opt in. My loved one also died within 24 hours and within the dates stated. The date your lawyer told you is somewhat correct it can be confusing so I am sure the way he saw it is the way he told it to you. Which is basically correct The opt-in date date is over no one can opt in at this point as far as I know. Now they have to determine if they are going to fund the settlement where are the people that have opted in. Here are some court documents, you will better understand it after looking these documents or orders over. These are court document. Extension of Settlement Program’s Opt-In and Voiding Deadlines1813 ALLOWED and adopted as follows: January 13, 2017 – Date by which plaintiffs may opt in to the settlement program; January 18, 2017 – Date by which all opt in data and documents will be supplied to Fresenius; 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.
Joe
Law360, Boston (February 8, 2017, 10:36 PM EST) — Fresenius Medical Care failed to train doctors or warn the public about the risks of its dialysis drug Naturalyte, leading to the death of a North Carolina diabetic, his relatives told a Massachusetts federal jury Wednesday in opening statements at the first bellwether trial for litigants who declined to take part in a $250 million case settlement. Attorneys for the estate of Carley Dial said that Fresenius knew for years that the dialysis drug could pose risks but did nothing to properly train doctors about it. Dial’s physicians, meanwhile, failed to act on dangerous blood test results while he was being treated with Naturalyte at a Fresenius clinic in North Carolina, causing him to suffer cardiac arrest, Robert Carey of Hagens Berman Sobol Shapiro LLP said. “We’re suing them because they did not provide adequate instructions,” Carey told the jury in Boston, where the 12,000-member multidistrict litigation is being hashed out. “There were known, persistent problems about how this product worked. It became a running joke at the company. We’ll present corporate documents that show that.” Fresenius reached a $250 million settlement in the MDL last February. Company lawyers have previously said that 97 percent of plaintiffs need to opt in to the case for the settlement to take effect. Dial is one of the holdouts, and the first to go to trial. His estate’s attorney said that Fresenius, its clinics and the doctors that used Naturalyte didn’t understand some of the finer points of the drug or how it interacted with a dialysis patient’s body. Diabetes patients’ kidneys can’t properly filter acid, causing buildups. In dialysis, patients sit in a chair for four hours as their blood is pumped into a machine and cleaned, while chemicals with ingredients called bicarbonates are added to do the job the kidneys can’t do. In addition to the bicarbonates, Naturalyte also has acetates, which, when they’re put in the human body, also raise bicarbonate levels, Carey said. But Fresenius, a company that runs clinics, sells the drug and makes the dialysis machines, didn’t adequately explain the interplay between bicarbonates and acetates, leaving doctors to botch addition and subtraction when they came up with dosing, Carey argued. “That confusion existed at the highest levels of the company,” Carey said. “The very top people on safety were confused about this concept and how to handle it.” While raising bicarbonate levels is good, it can also be dangerous at certain levels, particularly if patients already have low potassium levels. The body, with the abundance of bicarbonates, starts turning potassium into acid to balance it out, bringing potassium to dangerously low levels. The result, for Dial, was a condition called metabolic alkalization, and then cardiac arrhythmia, or an irregular heartbeat, that led to his death in February 2012, Carey said. Dial was on the highest possible amount of Naturalyte, Carey said, measured at 28 units in his blood. That increased his risk of death eightfold, Carey said. But his doctors chalked up the 28-unit measurement to a testing error, and didn’t reduce the dosage. Dial had five more treatments at the highest setting before he died, Carey said. That was in part due to the fact that Naturalyte’s label was a confusing “disaster,” and because Fresenius failed to train the doctors, Carey said. Referring to the instructions for use of the drug, Carey said, “It’s virtually impossible to figure out what they mean.” But an attorney for Fresenius contended that Dial’s lawyers were painting a distorted picture not just of Naturalyte, but of Dial’s own health. Fresenius has sold 300 million gallons of the drug since 1981, James Bennett of Dowd Bennett LLP said. ”Naturalyte is safe and effective,” Bennett said. Naturalyte’s competitors, Bennett said, contain the same amount of acetates. The company also adequately trained its network of clinics and doctors about the drug, Bennett argued. Bennett contended that Dial didn’t die because of cardiac arrhythmia but of a heart attack that was completely unrelated to his dialysis treatments. Dial had several underlying conditions that could contribute to a heart attack, including high blood pressure, obesity, chest pains that went untreated and coronary artery disease, Bennett said. In 2008, Dial’s doctors recommended that he get catheterization to deal with his heart issues, Bennett said. But he didn’t. Dial’s wife has acknowledged that he didn’t like going to the doctor, or doctors in general, Bennett said. All along while he was being treated at the Fresenius clinic, workers checked his potassium levels and his heart, Bennett said. His heartbeat always was at a regular rate, suggesting that a cardiac arrhythmia is not what killed him — a heart attack was, Bennett said. Although Dial denied having chest pains, that likely wasn’t true, Bennett argued. According to the American Heart Association, a heart attack occurs when an artery in the heart is blocked, cutting off blood. Cardiac arrest is an “electrical malfunction” that causes an irregular heartbeat, called cardiac arrhythmia. Although a heart attack can cause cardiac arrest, they’re distinct conditions. “We’re going to prove to you that the death of Mr. Dial had nothing to do with dialysis,” Bennett told the jurors. Fresenius is represented by James Bennett and Megan S. Heinsz of Dowd Bennett LLP, William Kettlewell, Sara Silva and Maria Durant of Collora LLP and Juanita Brooks and Roger Denning of Fish & Richardson. Dial’s estate is represented by Robert Carey and Molly Booker of Hagens Berman Sobol Shapiro LLP, Craig Valentine of Norton Frickey LP and Stuart Paynter of the Paynter Law Firm PLLC. The case is Dial v. Fresenius Medical Care Holdings Inc. et al., case number 1:14-cv-11101, in the U.S. District Court for the District of Massachusetts.
Joe
You people need to understand a trial is not a bellwether trail. If the lawyer stated the first trial was lost But left out the word bellwether trail. Then unfortunate he or she did not lie to you because there was a trail that was lost but it was not a bellwether trail.
Joe
Read the article this is the first bellwether trail even stated it in the article. From 360law. Dated February 10, 2017 . So I don’t know why people keep telling me the first bellwether trail already took place that is not true, it is taking place right now. Law360, Boston (February 10, 2017, 7:27 PM EST) — An attorney for a diabetes patient’s next of kin who blame Fresenius Medical Care for his 2012 death questioned the man’s doctor Friday about the label of dialysis drug NaturaLyte, suggesting that the company mislabeled it, didn’t give the doctor enough training on how to use it and didn’t warn anyone about possible deadly confusion. The estate of North Carolina resident Carley Dial, in its questions to Dr. William Buchanan, sought to portray the dialysis drug’s label as contradictory and incorrect on some of the basics, like how much acid-fighting power it had. Fresenius, which runs clinics, sells the drug and makes dialysis machines, didn’t teach doctors like Buchanan how to use the drug safely, Dial’s family says in the first bellwether for people who have opted out of a $250 million settlement. Among the problems on the label, Dial says, is an ingredient list that’s incorrect. “Wouldn’t it help you if that label were accurate?” Robert Carey of Hagens Berman Sobol Shapiro LLP asked Buchanan, medical director at the Fresenius clinic where Dial was a patient. “That jug is nothing but acetic acid — wouldn’t that be the accurate representation?” “That would be more specific,” Buchanan said. The trial, which entered its second day Friday, includes some fundamental disputes, like how Dial died. Dial’s next of kin say he died of a cardiac arrhythmia caused by an overload of NaturaLyte. Fresenius argues that Dial’s death was due to a heart attack that had nothing to do with his dialysis treatment. But much of Friday’s testimony was ripped straight from the pages of a chemistry textbook, going over in great detail the difference between bicarbonates and acetates and they way they interact. Both are important parts of treating diabetes patients, whose kidneys can’t properly regulate the amount of acid in their systems. Bicarbonates help balance it out, and acetates can amplify the effect, turning into more bicarbonates in the body. According to Dial’s estate, even Fresenius was confused about how acetates worked to battle acid and how much medicine was being pumped into patients’ bodies. Dial’s family argues that the company magnified the problem with a label that was, in some respects, flat-out incorrect: Labels affixed to jugs of the liquid listed acetate as an ingredient, even though there was no actual acetate in the jugs — it was just acetic acid, or vinegar. Instead, acetate came later in the process as part of a chemical reaction. Buchanan testified that he understood exactly what the label meant and that what ultimately mattered was the end result. But, Carey suggested, his testimony could be shaped by his lucrative partnership with Fresenius — and the fact that the CEO of the company was in the courtroom. “Is it more difficult for you to criticize Fresenius when the highest level executive is here?” Carey said. “If I felt they dropped the ball, I’d say they dropped the ball,” Buchanan responded. Buchanan said when questioned by Fresenius’ attorney that the company has always been punctilious in its training of doctors, even on the question of bicarbonates versus acetates. “I thought Fresenius was very responsible,” Buchanan said when questioned by James Bennett of Dowd Bennett LLP. “They provided us with instruction, we had emails — every meeting, this was brought up.” Fresenius also circulated studies, some of which showed the dangers of having too much bicarbonates. At a medical meeting in Atlanta, the topic was widely discussed, Buchanan testified. But fundamentally, Buchanan said his medical school education, or even high school chemistry, could explain the basics of the Krebs cycle. “Did you need Fresenius to tell you acetate converted into bicarbonate?” Bennett asked. “No,” Buchanan said.
Joe
Frank, show me the Proof or the article. People say they have seen something that stated the First bellwether trial already happened but they never show me proof. I will post something that states right in the article that this is the first bellwether trial 360 law. Please don’t show me some random case.that you think is the bellwether trial case.
Arthur
Yup, Marie. I will be looking into the legal ramifications of my Attorneys actions. I think we were being duped. Let’s see how the Dial trial comes out. Praying for the best outcome possible.
Debra
Joe I also opted in. They can prove my husband was given the Granuflo and died within 24 hours of cardic arrest. My attorney said that the current trial has to do with NaturaLyte cases which opted out of the settlement. Those that opted in the Defense has been granted additional time to trigger the settlement which now they have til 5/10/17 to decide if they want to move forward with the settlement since they did not get the 97%. They said that the settlement process is very complex. I just want to get this whole ordeal over with.
Marie
So your telling me that the lawyers lied to us about losing the first 2 trials? Isn’t that illegal? We have been scammed into opting in. Do we have any legal rights to go after the attorneys who lied to us?
Tammy
so you’re saying the people that opted in are screwed ! they put it ro me that if I didn’t opt in I could be charged for the cout fees up to that point !
frank
Joe its on record about last years beweilther trail. I read it on 360 law i saw the scale on the amount of granuflo that was use its. Was a man joe if thats the case arent the attorneys in voliation of mis leading information that is a lawsuit against them call it false the surpreme court will strip there license to practice joe. Ima call the judge sec to verify
Joe
No I opted in, let me explain the reason behind that. After talking to my lawyer he explained to me that they could prove that Granuflo was taken in court and could probably prove inproper labeling what they were unsure of is if they could prove Granuflo actually caused the death. There lies the reason for my opt-in . I thought at the time and I still think now how is one going to prove that Granuflo actually caused the death. So I opted in. My lawyer did tell me at the time he thought there may be 10,000 cases I guess I didn’t believe that when he told me but it looks like it was pretty much true there are 12,000 total cases but around 7700 Have opted in. I still do not know how many are in each category. I do hope for the people that have not opted in that the trail does go their way. I am posting this information to be helpful, because I know the lawyers are not telling People very much..
John
When will people from mississippi here anything about their lawsuits I never recieved a letter to opt in or opt out what could that mean lawyer always say I will receive a letter in mail but never recieved that letter and its been a year now
Joe
Not sure if everyone understands what this trail is all about. This is the first bellweather trial for those of you that were told the First bellweather trail was lost we’re lied to buy your attorneys. The people that should be the most interested in this case are the people that did not opt in. This is what you have been waiting for.
Joe
February 10, 2017 Day 2 of trail . 9:00 AM Senior Judge Douglas P. Woodlock – Courtroom 1 – 3rd Floor CV-14:11101 Dial v. Fresenius Medical Care Jury Trial – Day Two (Barnes, Booker, )
Debra
Joe did you say you opted in or are one of the lucky ones that opted out?
Joe
Boston (February 8, 2017, 10:36 PM EST) — Fresenius Medical Care failed to train doctors or warn the public about the risks of its dialysis drug Naturalyte, leading to the death of a North Carolina diabetic, his relatives told a Massachusetts federal jury Wednesday in opening statements at the first bellwether trial for litigants who declined to take part in a $250 million case settlement. Attorneys for the estate of Carley Dial said that Fresenius knew for years that the dialysis drug could pose risks but did nothing to properly train doctors about it….
Joe
Debra, if you are talking about the settlement level 1 and 2? For level 1 Granuflo not NaturaLyte would have to have been administered. Level 1 is the Granuflo compensation fund $215 million to $220 million. Level 2 A $5 million fund for people that took NaturaLyte only maximum payout 50% of what you would have received if you had qualified for level 1.
Joe
Well it looks like the bellwether trial has begun February 6 like I had stated earlier. I thought they changed it but it looks like they have not the trail is underway. Someone on a different blog mentioned the weather trial starting February 6 and it is underway, thanks Mike.
Debra
Joe What’s the difference between a level one and level two?
Calla
I received a letter for entry of Lone Pine Order citing retain new counsel or dismiss the case.
Nicole
Hello–Reading everyone’s comments and it’s very informative. Please don’t stop the flow of info. My father suffered a heart attack right on the dialysis chair…it was heartbreaking. We were told we are level 2 but I think it should be 1. I hope this all works out so that everyone is fairly compensated for their loved ones pain and their loss and suffering.
Thomas
I think we need to petition the government its alot going on with fhe medical care the media will tear them apart someone start a online petition to Congress they will acknowledge it but we all got to go out and have people sign to prosecute or push the situation we are the victims not the lawyers I need my closure they killed my mother and I wont rest until justice be served im tyed of waiting for them to end this in may if they decide to void im goin to disregard my attorney throw him under the bus and take my case to cnn captail hill and evry local news staion in my city and world news even if I have to go to the estreem with the news reporters by threat by harassment I will go to jail repeadtly for our cause I have nothing to lose each city have a news reporter that do trouble shooter wen u pickett contact them share ur medical reports hand out copies to patient. Enterung these facility share ur reports to they staff pay homeless to pickett petition the stae senator mail the judge certified letters flood him file isufecent council petition the supreme court petition us attorney petition trump attack with meda coverage
Joe
1. Granuflo compensation fund must have suffered a cardiac arrest between April 1, 2002 to December 31, 2012 within 24 hours of there last dialysis. 2. NaturaLyte Compensation fund very few people are expected to qualify so this fund is limited to $5 million pre-dialysis blood laboratory work has to be of a certain level also their bicarbonate prescription and to also be of a certain levelso it was more like a Granuflo exposure. Compensation will be capped at 50% of what the Granuflo compensation fund would have been. 3. Alternative payment phone for people that do not qualify for category one or two But can show proof of product identification and use Will be entitled to $1500 before certain deductions. 4. Extraordinary injury fund this is a 10 million Dollar fund did not die in a sudden manner and continue to receive medical care and have pain and suffering and for those that have used Granuflo or a acute condition and not end-stage retinal failure.
Marie
Spoke to the paralegal today at the lawyers office and they stated that Medicare could put a lien on the little bit of money we do get. Has anyone else heard this? I explained to him that if we have to pay the hospital bill back to Medicare that means we will not get anything. He said that could be possible. This whole thing seems like a scam to me. I feel so under represented. They don’t even send us updates. I always have to call to get one. I am beyond frustrated and saddened by the whole thing. Sounds like it’s going to take them forever to go through anyone that I opted in their cases to decide how much money you’re going to get. This could drag on for years. I feel like they lied to us because they told me they were already doing that before . Not sure what we can do to get to the truth.
Maurice
Listen these lawyer that client hired for there love one aren’t the lawyer that going to court there is a head lawyer who they dispose to report to in these case so they don’t care about loves one they only follow what the committee said they won’t to less work and get paid settle aurge these cases saying well the court said you have to take 1500 APA judge dudnt say that so keep fighting if you no that you suffer harm or death in this case on the chemical was use it a jury discretion to determined if these company were in violated not lawyer it a scam keep pursue the fact they died from harm of this product period.
Debra
The are only a handful of people that are posting things on this site. How do we get the other 12,000 people to get involved on this website? How do we get it out to them we want to hear their thoughts? I stumbled on this site by googling GRANUFLO LAWSUIT and then starting seeing the comments. Its very lonely out there with just about 10 people doing all the postings.
Debra
Joe probably knows
Norma
Hi my husband died in 2011 after a dialysis treatment. He went into a coma and died after 21 days. What are the 3 categories or levels of monetary dispursement for this monstrous case ? I’m willing to talk by phone
Thomas
That number cant be tru 7700 people dont. Receive the same some people have add ons do you have that scale that show the base amount
Arthur
For you Sleuth Detectives I have a little investigating work that would settle once and for all if the first bellwether case ever went to trial. Linda F. Teague, 48, Hopkinsville Kentucky died on Jan. 14 2011 of natural causes at that time. Nothing related to Dialysis as of yet. If we were to contact any of her immediate family to see if the case was started or not. My Attorneys have told me that the legal fees for the first trial was 600K. That is why they reached a settlement with Fresenius. To cut down on future legal fees. So once and for all we can put this behind us. Whether the case took place or not. Either that or our Attorneys are in collusion with Fresenius. If we can prove that then we have another lawsuit in our hands. Secondly, when I first retained my Attorneys in 2012 the fee was set at 33% or 40% if we went to trial. The reason the Attorneys are asking for a 40% fee in this settlement is because they want to make up 600K in lawyer fees. That’s why it’s important to find out if the first case ever took place.
Joe
Sorry, I cannot answer those questions for anyone I don’t know the answers. One thing to remember I have no idea how many people are in category one there are 7700 that qualify but I don’t believe those are all category one. Also it will not be disbursed Even across-the-board some people in category one will get more than others,depending on the add-ons and the strength of their case. This just came through yesterday so I don’t know if it’s going to matter 1823 misc Transcript Tue 11:05 AM Transcript of Pretrial Conference held on January 19, 2017, before Judge Douglas P. Woodlock. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Brenda Hancock at brhancock@msn.com Redaction Request due 2/14/2017. Redacted Transcript Deadline set for 2/24/2017. Release of Transcript Restriction set for 4/24/2017. Associated Cases: 1:13-md-02428-DPW, 1:14-cv-11101-DPW(Scalfani, Deborah)
1 … 18 19 20 21 22 … 27

This field is for validation purposes and should be left unchanged.

Share Your Story With Our Community

This field is hidden when viewing the form
I authorize the above comments be posted on this page
Post Comment
Weekly Digest Opt-In

Want your comments reviewed by a lawyer?

To have an attorney review your comments and contact you about a potential case, provide your contact information below. This will not be published.

NOTE: Providing information for review by an attorney does not form an attorney-client relationship.

MORE TOP STORIES

Online Gambling Addiction Lawsuit Alleges DraftKings App Fueled Compulsive Sports Betting
DraftKings faces an online gambling addiction lawsuit claiming a man wagered millions due to targeted promotions that focused on signs of compulsive behavior and exploited them.
Apple AirTag Lawsuit Filed After Tracking Device Found Hidden Under Woman’s Car
An Oregon woman’s Apple AirTag lawsuit alleges the device was hidden on her car, allowing a stalker to threaten and harass her until she had him arrested and placed under a restraining order.
Parkinson's Disease Lawsuit Filed Against Chlorpyrifos Manufacturers
The makers of Chlorpyrifos face a lawsuit by four individuals who say long-term exposure to the pesticide resulted in the development of Parkinson’s disease.