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Fresenius Dialysis Treatment Lawsuit

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Austin Kirk

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Fresenius Medical Care may have withheld important information about the potential side effects of NaturaLyte and GranuFlo acid concentrate drugs for dialysis treatment, which may have caused thousands of people to suffer:

  • Cardiac Arrest
  • Heart Attack
  • Sudden Death

STATUS OF FRESENIUS DIALYSIS LAWSUITS: These lawsuits are no longer being reviewed after Fresenius agreed to a $250 million settlement agreement to resolve the litigation.

Fresenius Dialysis Lawsuits

OVERVIEW: Granuflo dry acid concentrate and NaturaLyte liquid concentrate are used during dialysis treatment together with a bicarbonate buffer to help clean the blood for individuals suffering kidney or renal impairment.

These products are manufactured by Fresenius Medical Care, which operates thousands of dialysis clinics throughout the United States and also sells equipment and medications used at most other dialysis centers, including DaVita Dialysis Clinics, DCR, Renal Ventures and others.

Before 2012, individuals may have faced a serious risk of suffering a sudden heart attacks and cardiac arrest during dialysis treatment with Granuflo and NaturaLyte, due to Fresenius Medical Care’s failure to provide adequate warnings and instructions with their product.

Granuflo and NaturaLyte contain sodium acetate, which is converted into bicarbonate by the body during and shortly after dialysis treatment. However, the manufacturer failed to warn physicians that these products contain higher levels of acetate than most other dialysis treatment products, requiring physicians to carefully monitor and change bicarbonate buffers administered with Granuflo or NaturaLyte, to avoid a risk of cardiopulmonary arrest and sudden death from heart problems.

LAWSUITS OVER FRESENIUS DIALYSIS TREATMENTS: A number of families throughout the United States filed claims after their loved ones died or suffered a catastrophic heart injury during or within 48 hours after dialysis treatment.

According to allegations raised in Fresenius dialysis treatment lawsuits:

  • Fresenius Medical Care negligently manufactured and sold unreasonably defective products
  • Granuflo and NaturaLyte were insufficiently tested and unsafe as designed
  • Inadequate warnings and instructions were provided with Granuflo and NaturaLyte, which did not fully inform the medical community about the nature and extent of the risk of heart attack, cardiac arrest, sudden cardiac death and other health problems
  • Even after Fresenius Medical Care knew or should have known about the problems with Granuflo and NaturaLyte, they continued to sell the products and attempted to convert clinics to use of the products by offering pricing discounts and packaging Granuflo and NaturaLyte with other dialysis products
  • Fresenius Medical Care provided critical information about the risk of heart attacks and death from Granuflo and NaturaLyte to doctor’s at their own clinics before warning other dialysis centers that used their products
  • Information was withheld in an attempt to maintain Fresenius Medical Care’s market share and maximize profits, at the expense of the safety of dialysis patients receiving their products

FRESENIUS DIALYSIS TREATMENT PROBLEMS: According to an internal review of patients treated at Fresenius Medical Care clinics during 2010, there were at least 941 cases where patients suffered a sudden cardiopulmonary arrest at the dialysis center.

In November 2011, Fresenius Medical Care issued an internal memo to their own physicians warning about the potential concerns associated with Granuflo and NaturaLyte, and highlighting that bicarbonate buffers should be regularly monitored and adjusted to reduce the risk of heart attack, cardiac arrest and death. This same information was not provided to other clinics that used Granuflo and NaturaLyte.

In March 2012, after receiving an inquiry from the FDA about the internal memo, Fresenius Medical Care issued an alert to other dialysis clinics that may use their Granuflo or NatruaLyte products during hemodialysis treatment.

In May 2012, the FDA warned about the risk of hemodialysis dosing problems with NaturaLyte Liquid and Granuflo Acid Concentrate, indicating that these products can raise bicarbonate levels in patients going through dialysis treatments, causing a condition known as metabolic alkalosis, which can increase the risk of heart attack, cardiac arrest, stroke, low blood pressure and death.

In June 2012, it was reported that Fresenius dialysis problems have resulted in an FDA investigation, examining whether the manufacturer of Granuflo and NaturaLyte failed to adequately warn doctors that the products could cause heart attacks and other serious injuries during hemodialysis.

In February 2016, Fresenius proposed a $250 million settlement agreement that is expected to be accepted and funded by August 2016.

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1336 Comments

Debra
Leo or e – what federal website are you looking at? My husbands death and circumstances all fit the criteria. My lawyer said it was extended to the end of October and payment would not be made til maybe December. Still don’t know an amount.
Leo
According to a federal website 375 cases but 6000 claims. Unfortunately claims are different then cases most of the people that are getting $1500 don’t actually have cases they just have claims, it is very unfortunate ..
e
Not sure how accurate this is but I heard there were around 375 true cases.People are talking about 4000 cases 10,000 cases there’s a difference between cases and claims.people that fall into category 1 and or 2 ,4 have cases unfortunately the people that fall into category three only have a claim $1500 somewhere they don’t meet the criteria Either they did not have a cardiac arrest within 24 hours or Granuflo was not used or the dates do not fall into line. I am sorry for those people but what can I do, it is very unfortunate. I am not even sure if that 375 is accurate somebody won on a federal website and looked up the MDL case and 375 were the total cases as of 09/09/ 2016 like a said there’s no way to confirm that but that’s what I have heard. Not all cases are going to except the settlement so it may be less than that .
Arthur
Angie what kind of checks, is it the $1500.00 or larger amounts like the 3 tier amounts of $44k to $88k. Just curious. I had read that if you opt-in you would get paid sometime early part of next year.
Booker
Mr.thomas, my dad died on the machine also he was getting treatment and die right at the time of treatmen.and $1500 is all they r trying to give us .its true its not a lie $1500.
Booker
There saying people who had granuflo in there system get more in u had naturlyte in your system and your love one died in 24 hours of treatment only get 1,500. My dad was a provide they killed him .How will $1,500 provide for a wife and 4 kids .it shouldnt matter if he was granuflo r naturlyte that killed my dad it shoukd be the same pay for both drugs that killed our love one.
Booker
Mr.thomas the amount there offer some of us is $1,500. Yea thats it they already no the amout . Please opt out everybody.
felicia
Opt out! These lawyers are getting paid regardless. The settlement is a slap in the face to the victims. 12,000 claimants says a lot for this lawsuit. I’ll take my chances in court before I accept this. My mother went into cardiac arrest while at dialysis. She died right after. They don’t care about us they just want to get paid!
Angie
So after reading all these comments, I called the attorneys office and had them clarify a few things. I received a packet at the end of July and I sent it back first week of September. I was told the deadline was extended, but they should have numbers figured by mid October and checks going out by November. We lost our dad in December of 2012. He was on the dialysis machine at a Fresenius clinic when he went into cardiac arrest. He lasted almost 4 years on Dialysis. I retained an attorney to find out what happened to him. Yes he was sick, but he was doing well on dialysis. My issue was, with all these medical professionals surrounding him, why did he sit for 5 minutes when they were supposed to be doing vitals in 3-4 minute intervals? Maybe he could have been revived if they would have found him in time. They said they thought he was sleeping. Even though sleeping wasn’t allowed. At the end of all this, he is gone and he is never coming back….I never expected anything monetarily from this….I just wanted someone to be able to tell me he didn’t suffer when he passed on…No amount of money will ever bring him back or make this right
Jen
How many cases are there?
Calla
All of our loves died/ suffered because of the Granuflo, a lethal dialysis solution. This lethal drug had a negative impact that resulted in unnecessary suffering and or death for all of our loved ones, who were simply trying to live! The manufacture have made millions of dollars off of each one of them and they knew that this was a deadly solution. They received no warnings and they were allowed to use this lethal solution without WARNING, know it was deadly! Where is the transparency, accountability from our legal representatives and manufacture! Who can determine how much suffering each of our loved ones had to endure while on the dialysis machine using the lethal solution, Granuflo!! How can they DICTATE and tell us who qualify when they, the attorneys! have no idea how much our loved ones SUFFERED at the hands on the GRANUFLO, the lethal solution!!
Thomas
I had no choice but to opt in to the granuflo my attorney advise me to or if I opt out the will withdraw from my case and strongly adviss me the cost time and trying to find another attorney thats almost impossible they way this cretieria set up u would have had to pass at the facility it clearly state within 24 hrs thats almost no one so many families been tricked buy attorneys this is so bad like a minnie war 12000 people with majority of them passed away after the 24hrs mr booker so if ever is natural lyte wouldn’t that 97% be eazy to get especially if the only concider the ones opt in remember my attorney basically quit if I opt out im sure the bade pay for granuflo is 88 k
thomas
Mr booker im sorry for everyone loss im edge for the granuflo if thats the case if you are edgibke for the granuflo then the number of people edgible is small for the granuflo claim mymother passed away on the machine during treatment with this product plus she was only on dyalisis 9 days
Liv
U can not put a price on someone life and to give them sunflower seed and that not much. Why would a lawyer accept that can of money with a lot clients unless he is money hungry and he get sunflower seed or getting paid under the table. I will be praying for the attorney and the clients that they get MORE$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ IN JESUS NAME
Booker
Yes they r all working together. So Opt out
Booker
OPT OUT EVERYONE OPT OUT
Booker
Mr.thomas those numbers r very much true . They r offering 1500 to alot of people .and wheen the lawyer is done taking his cut out of 1500 u might get $650 r less .this is the true fact for alot of people .they r telling alot of people they use naturlyte not granuflo .so dnt tell me its not true i spoke with a lawyer on this .and hell no the lawyers dnt want to fight no more cause if they got more than one case they will still get a bigger cut then some one who has one case. These r the facts and its true .so i am advising us all to OPT OUT. I am
Arthur
Mr. Thomas every state has a statue of limitations on medical malpractice lawsuits. I received my package in the middle of August. But for myself I will not opt-in. I’ll take my chances in court. I hope everyone the best.
Karen
Who gets the interest off the money they are earning while they keep putting off the settlement deadlines? My mom died November 2012 from cardiac arrest 2 hrs after dialysis. Rosa what was the reason for the denial? Your moms case sounds similar to my moms case. I still have not received anything. They told me I will get it sometime this week a packet. God bless all of us. Very sad these huge companies can get away with this kind of stuff. The McDonald’s coffee burned lady received more than we will for the lives of our family members.
ROSA
DECEMBER 2012. MY MOTHER WAS A DAVITA PATIENT. SHE WAS ON THE MACHINE BEING DIALIZE AND WENT INTO CARDIAC ARREST. SHE NEVER RECOVER. SHE PASSED JAN 2013.. I HAD LAWYERS CALLING ME… I PICKED A FIRM I FELT I COULD TRUST.. I WAITED 4 YEARS. I GET A LETTER A MONTH AGO AUGUST,2016. TELLING ME, WE HAVE NO CASE AND TO SIGN TO DISMISS MY CASE. I REFUSE TO SIGN,, I SENT FOR A COPY OF MY MOTHER’s RECORDS AND IT CLEARLY STATE THE PRODUCT WAS SENT TO THAT CENTER I WILL FIGHT THIS.. MY MOTHER LIFE MATTERS.
Debra
My lawyer informed me that the opt in deadline was extended to Oct 31. They will not know if % was met until December. The next phase of settlement will be claim submission to prove settlement qualifications. It is still going to be a long process it sounds like.
Angela
I just miss my dad…this mess is a reminder of what we lost.
thomas
Mr Booker sorry to inform u those numberare not true if u got your papers youll see what the number are and what it say thosd that qualify for granuflo if u meet the criteria and add ons as well as i read this blog most of the people dont qualify so the number of qualify people will be sosmall than expect my mothdr been gone for six years now its not no amount of money that can bring her back ima put it in gods hands on what happen i opt in had no choice this case is .over unless that company take the settle ment back no lawyers will take on this case another five years or maybe three at the least the limitation has already expire so ima say may god be with us and those that didnt qualify pray and appeal so to thaf i strongly feel that the people that make it will be giving a fare amount settlement me personally fell blessed to have been apart of thiz suit in my state if u are over 25 yrs old u cant file a mpratice suit
Booker
If u all opt in u will only get about $650 dollars
Booker
Opt out it is all games to the lawyers
thomas
Hello first I want ro say is im so sorey for those that didnt qualify as I read this blog one thing I see is a lot of you didnt qualify so that means the 97% may be met my attorney explain to me plan and aimple he rocommed I opt in to the granu an I c I dont he will with draw from my case my mothers case is like a story book the neglegence on they part was so serious not only did she have a heart attack during treatment the nurse mishandled her body and she was bleeding out the mouth and nose profusely to were the emt had to use a vacuum to clean up the blood that was profusely running out her mouth and nose so its sad for me to as well this company is really powerful the goverment need this company for the people thats takeing or goin to take in the near future its political bigger than any cooperate attoeney medicade medicare are the only ones that can stop them stop rhem go hire a medicaid attorney or the attorney general in ur state
Karen
Still no letter fr M lawyers. Is the cut off extended to October 15 now to opt in? My lawyer tells me nothing. I only get to talk to a paralegal who is useless and keeps saying I will get something in the mail around sept 15th. Nothing still has come on the mail. So frustrated. Why won’t they just tell me on the phone?
LaShaun
I’m so confused my mom passed away Feb2,2008 24hrs after taking dialysis in the hospital. This opt in/opt out crap is so misleading and all I wanted was for someone to own up to the poison that was administered in her body and this settlement is a slap in the face I’ve being going thru this since 2012 with this case and to opt in and except this insult to be split between my sister & brother is just like reliving that day all over again. This money want bring her back but to be insulted is total disrespect!!!!!
Leasha
how can you tell someone they are not eligable for this lawsuit when they died becouse of this drug but not by there dates, and the amount they are offering is a joke, they try to round everyone up and low ball them it wrongwe are not hard of for money we mlost loved ones and they were aware of what they were doing”’
Booker
Please do not opt in
jessie
I got my letter in august tell me i did not quailfy today i got a call tell me i qualified for the 1500 i am going to opt in because i think they will not get the 97% so when it go back to court i will seek some new lawyer to take my case
Trae
If anyone knows how to or wants to start a petition, I would be more than happy to sign. This injustice needs to be presented to the news and a higher power.
michael
It’s not going too do no good too opt out .they all working together
Mikey
Opt out and stick it to them at trial! The clinical trials for granuflo = Smoking Gun!!
michael
We had a lawyer that had our mother paperwork and told me and sisters and brothers we had a case now he saying we don’t have anything after 3 years u telling me we don’t have a case something wrong why wait until u got the settlement and we don’t have a case the lawyers is trying to take what belongs too us for them self I’m not going for that it’s just a shame u can’t trust your lawyers if it was one of there patents they wouldn’t do that we not going to accept no 1500.00 I’m sorry is there’s any attorneys u can trust
jon
My wife died 7 Jan 2013 just 7 days after deadline. Bummer, I will not opt-ine either.
Anita
I received my letter about 3 weeks ago and as it read those that opt in will get something. I know that no amount of money will bring my mom back. But as long as they give something that is better than nothing. I agree that we are getting ripped off, but what if the 97% does not opt in and then nothing is given. So you all think about it. Something or Nothing. You know how companies and lawyers work together.
Booker
Where is this 1500 coming from .but if this is ture i will opt out i will not go for 1500 .that is a low low amount .
R
Our father died in 2012. We qualify in general for granuflo use and death w/I 24 hours and the base is 40k gross. If they get rid of the 1500 wrongful death cases who settle then are disqualified it may go as high as 66k gross if we aren’t disqualified. The whole business is shady. At most we could see a 30k net before any med liens. After everything maybe 20k net for a wrongful death. This cost us more than ten times that amount and people have to be screwed over who don’t deserve it for that to happen. I told my lawyer no. They are sending papers for me to dismiss my case… This whole deal is bad. Like selling your soul for cheap.
Heart Broken
It’s sad that so many of us have lost loved ones due to this company. I agree that no amout of money will bring them back, but asking us to opt in/out for a measly $250mil is preposterous. My mother l
Linda
Jeni, my family received the same letter. They think that $1500 will lure 97% of us to sign the release all claims form. They said that my dad didn’t meet the criteria because he died 39 hours after treatment. Our love ones must have died within 24 hours to meet the criteria. That’s ludicrous. I’ve emailed the Supreme Court and a major news station. If we sign that form, we sign away all rights. If they are forced to make restitution down the line, it will not include those that sign. Contact every higher authority you can think of about this matter. They will not get away with murder. Together, with God, we’ll make sure of that.
C
I will not accept the 1500.00 offer.
Mikey
The only way to stop this injustice is to contact the media! Cnn/msnbc Call,text or facebook them and raise hell
Shan
Hey, I’m sorry to say, but just in case you all didn’t know, this case has already gone to trial and we lost. The company has already won and refuses to admit fault for killing our love ones. They are basically saying “we didn’t do anything, we are legally not responsible, but here is something so we don’t look like an a** h*** to the public. They don’t have to do anything and they won’t if 97+% of us don’t opt in. We are already screwed.. We lost our mothers, father’s, etc, and still can’t get a fair settlement from the company that killed them. The only way to stick it to them is if we stick together and opt in. Let me tell you why,.. if you opt out and say only 88% of ppl opt in, its over. The 88% gets nothing and neither do you. The company basically trashes the agreement and can say “we tried, but they didn’t want it”,.. We will also be responsible for the hefty attorney fees for all the work they have done thus far.. can you afford $10K, $20K+ or risk being sued?.. Not to mention the cost associated with opening an entirely new case individually against granuflo, waiting another 5+ years for trials etc,.. that’s even more thousands $$$$ out of pocket. I really hate we have found ourselves in this position, And God knows No Amount of money will bring my mother back or rectify her death.. but this company owes something! An apology I will never get,.. answers I will never get… But closure will come the day this case is finally closed and some sort of financial help is awarded. I really pray that you all opt in so this nightmare will be over. The company wins again if we don’t. Please, please, please Opt In.
Michele
My husband died January 2012, and after his death I lost everything. I can’t work due to health problems so I need this case settled. I keep getting the run around from my attorney. I still don’t have the opt in papers. I was told I will get them soon that was two weeks ago.
Booker
Nobody no the amount but i believe it is low. I see and understand y the football player is not standing .there is no Justus. They killed so many people and they r getting off so easly.wake up they killed alot of people.so many family have been affected. My mom loved my dad so much.they should be held accountable. I knew when they got one judge for all these case i knew we would all get fucked.and the judge just kept moving the case back and back .its alost 2017 and nobody has gotten a dime.just crazy .we can never get our love ones back .our people was poison with this .
Carla
Offered 1500, because my mom died in 2014, any offering of money is guilt to me, she was on dialysis since 2009 , with countless hospital stay ect.. I beg my mom to get on dialysis, and yes this drug finally killed her 24 hours. after her last trip, it was a constant fight – fuck their criteria- any admission I want them destroyed opt out not even sending the paper back ,1500 is a crime in itself let the lawsuit keep coming – 16 billion??? Anyone know of great malpractice lawyer in the Boston area??
Jeni
The attorney that included me in their class action suit for my father contacted me a week ago by phone telling me that the people that had Granuflo are getting most of the money and that initially Fresenius wasn’t going to pay for people that had NaturaLyte. The attorneys aides exact words were that they “pushed back” and got me $1500.00. Because it was decided that NaturaLyte was “as aggregious” as Granuflo. Seriously?? Death is death. I questioned further and asked that the attorney himself call me. I received an “opt-in” email that I wasn’t able to open due to a untimely hospitalization. I came back to work today and the email is mysteriously gone. No longer there. Not in the spam file, not in the previously deleted file, not anywhere. Just gone. I have no idea why. I’m assuming they unsent it it because I never opened it in one weeks time. I asked MY attorney about this lawsuit and if it sounded right that I’m only going to get $1500.00. He said to ask them for a copy of the settlement agreement that will expound on whether or not Granuflo people get more than Naturalyte and why. Trust me…when they open at 9am on the west coast, that’s my first call. I think they are just trying to get me to take such a small amount so they can keep more for themselves. Not happening! I left work to take care of my parents full-time the last 8 years of their lives and in debt to the tune of $20,000. I work full time for a home care agency taking care of the elderly and not some loafer looking for a handout. I need a fresh start financially. Let’s all stand up and make them pay for killing our loved ones. I’m sorry for your losses…all of you. God bless you all.
Gloria
I think they are giving everyone who accepts a standard amount of $1,500.00. You risk getting $ 0.00 if you don’t agree. This is Drug manufacturers and lawyers benefitting at our expense.
Debbie
I so agree with Robin! I received a letter from the Law offices that were representing me, ( my husband’s death), dated August 17th stating they would not be representing me due to not enough information on my husband….Why did they wait almost a year to decide this!?? Now, no attorney will look at this case due to the time line involved!!!….I even have 2 empty re-called granuflo jugs that came from the dumpster behind the Dialysis Clinic, and the Clinic did not know of the Recall until I talked with them before my husband’s passing….It is just so amazing how lawyers line their pockets with others heartbreaks.
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