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Fresenius Dialysis Treatment Lawsuit

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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.

>>SUBMIT INFO TO A LAWYER ABOUT A DIALYSIS INJURY<<

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.


1,321 comments

  1. Thomas Reply

    Atorney paralegal refused to give out any info except to say letters are going out in the mail next week

  2. Joe Reply

    Tuesday, June 26, 2018
    31 notice Notice – Other Tue 4:27 PM
    Judge Douglas P. Woodlock: ORDER Pursuant to the Plaintiff Settlement Committees Response to Plaintiffs Appeals of the Settlement Special Masters Report filed on 6/25/2018, this Court hereby ORDERS the following: 1) Attorney Lee is permitted to submit to the claims administrator (Epiq) his settlement claims for the nine cases at issue without condition within five (5) business days of the entry of this Order; and, 2) Oversight of these nine claims is REMANDED back to the Settlement Special Master, as may be necessary to effectuate the prompt and efficient processing and resolution of these claims, in accordance with the Claims Submission and Appeal Protocol previously established. (adminn, )

  3. Laurie Reply

    From what I understand only punitive damages are taxable but I could be wrong about that. If anyone has heard anything please post. There has been silence for quite sometime and if we dont communicate they WIN!!!

  4. l Reply

    Joe, thanks for posting!! Why does this judge continue to delay the settlement of this case, because of an incompetent attorneys failure to comply with the rules!! This attorney was warned to have his paperwork in, and even given an extension, to have it in by end of May!! Incompotent attorney misses deadline again so judge gives another extension for this incompetent attorney to file paperwork by June 25th??? Are you kidding me?? Why?? They just continue to refuse to get this dialysis lawsuit ended!! Delays, extensions, and what ever other excuses excuses they can find to delay this settlement!! By the way I checked with our states Attorney Generals office!! Even though internet research showed state was going to file suit against Fresenius, two different employees could not find where they have any pending claims or actions against Fresenius???

  5. Joe Reply

    “According to the IRS, any lawsuit settlement proceeds that a court awards for physical illness or injury are non-taxable. This includes wrongful death settlements, since the damages are imposed due to a court’s finding that a third party is responsible for the physical illness or injury that resulted in death.”

  6. Joe Reply

    It’s not so much that they are Extending it. The lawyer in question really did nothing wrong.What happened is Epiq Systems Was supposed to have all lawyers on a email list. So when there were updates all lawyers were supposed to get them via email. The one lawyer in question for some unknown reason was dropped from the mailing list. So the first opt-in form that everyone signed was not the only form to opt in to the settlement there was also another form that the lawyers had to submit. The lawyer in question did not get the information because he was dropped from the list. It was not his fault it was basically Epiqs fault. They basically blamed it on a data error which is a bunch of crap. The truth is the lawyers are the ones that determine what category each person would fall into. all lawyers then had to submit supporting documents for whatever category each person was put into. Then the claims administrator would verified the documents. So it was never the claims administrator’s decision on what category each person fell into. It was always the lawyers decision. I suspect many lawyers put their clients in the wrong category Because either they did not have supporting documents or had incorrect supporting documents. Anyway the lawyer in question never submitted any other documents other than the very first one everybody received. Because he was not on the mailing list He did not receive the second form that needed to be sent in. That’s the gist of it. For those that say why is it taking so long that’s basically the reason. You can see it’s unfair but if you were one of those nine would it still be unfair. I doubt it. The settlement obviously has not been done correctly. most people were led to believe that it was always the administrators determination. that was never the case. Of course he did make the final decision but if your claim was submitted into the $1500 category that’s where it stayed it would not and could not have been Moved. So if your lawyer made a mistake or made a determination that you were in a lower category then you got screwed and ended up with $1500. It’s a big scam. Unfortunately nobody’s getting very much even if you fell into Category one maybe between 60 to $80,000 before the 40% for lawyer fees.

  7. RS Reply

    Joe when do you think this will be over with?

  8. Michele Reply

    I just read an article online about granuflo. Havens Berman announces a monumental $383.5 million jury verdict against dialysis provider Davita in wrongful death lawsuit. The jury verdicts were returned June 27,2018 in the district of Colorado. Each of the three parties was awarded $125 million in punitive damages from the jury, with compensatory damages ranging from $1.5 million to $5 million.
    And we all have to split $250 million. That just does not seem right. And how much longer do we have to wait to see any of this money? When this is ridiculous. When my husband died I lost my house and my car and I’m disabled and I have nothing I’ve been without a vehicle for over 5 years and we’re still having to wait for this money to be handed out this is crazy.

  9. larry Reply

    Joe, I would be curious to see your reaction and views on Micheles post- concerning the Havens Berman/Davita/ Colorado $383.5 million dollar granuflo settlement?? Never even knew this court case was going on!! If it’s legit and true, we Fresenius plaintiff’s got the ROYAL SHAFT???? Was anyone else who posts on this site aware of this other suit?? I am shocked, stunned, and amazed!!

  10. larry Reply

    Wanted say thanks again to Joe for all his help and info on this site!! Thanks for explaining to me about this Epiq company!! A lot of the things you explain I would have never known!! You have answered a ton of ???’s for a lot of people that couldn’t get the answers from their lawyers, while continue to keep many of their clients in the dark til the very end of this case!!

  11. larry Reply

    Well, it is Friday night and I am posting this latest news, which I just found out about this afternoon from another poster!! By the way, Michele, thanks for your post making others aware of the court case in Denver Colorado vs Davita concerning the granuflo product!! You know I never knew there was another case pending!! And I hate to ruin anybodys Friday with this upsetting news- but here it is!! I might add that this is the most upset I have been in going through this several years of ups and downs, mostly downs, on this case!! News goes like this- A jury in Denver, Colorado awarded three plaintiffs (case White et al v Davita Healthcare Partners Inc, U S District Court, District of Colorado – No 15-cv-02106) a total of $383.5 million dollars!! This included comp amounts of $2 million,$1.5 million, and $5 million to the three plaintiffs, plus a staggering $125 million of punitive damages to each plaintiff, for the loss of their loved one!! Davita, as you may expect, claimed the jury awards were unjust, and will appeal, of course!! This verdict makes me feel sick, especially since Fresenius was slapped on the wrist, for a $250 million settlement, prob 40%-50% of which the attorneys will get!! And I think of all the plaintiffs who lost a loved one and get a $1500.00 amount!! What a travesty and a failure of the justice system??? Now these three plaintiff’s in Denver prob never will get this whole $383.5 million but I bet they will receive in the millions of dollars!! As I have stated in previous posts, if you lost a loved one due to the carelessness and negligence of Fresenius Healthcare, every plaintiff should have been awarded a million dollars each!! No if’s, buts, ands!! The jury screwed up in the first two Fresenius lawsuits, but the Colorado jury got it right!! Makes you wonder about the jury selection on the Massachusetts case!! Bottom line is this- the lawyers accepting this $250 million settlement from Fresenius should be embarrassed and ashamed for letting their plaintiffs down!! NO EXCUSE for this unprofessional handling of this lawsuit!! So there it is- just wish we had been in the DaVita case- I’m sure many more plaintiffs will get nice settlements- but with appeals it will take more time- and you just never know!! But one thing I do know- Fresenius plaintiffs got the ROYAL SHAFT????

  12. larry Reply

    Gee, I guess the Granuflo used by Davita Healthcare must have been more potent and dangerous than the Granuflo used by Fresenius Healthcare!! Lets see,jury awards $383.5 million to three plaintiffs in Colorado!! And in Massachusetts last year jury finds in favor of Fresenius(Why??) in their two cases, but Fresenius still agrees to a $250 million dollar settlement, that prob 5,000-6,000 plaintiffs will get a portion, along with attorneys getting a 40%-50% piece of the action??? I smell a rat somewhere!! Its the same freaking Granuflo that was pretty much proven dangerous and caused hundreds and thousands of deaths to our loved ones!! Yet Davita pays a huge price and Fresenius gets a minor slap on the wrist!! I’m telling you this- there’s something wrong with this picture!! I wish there was someone or some agency the Fresenius clients could turn to in order to have this lawsuit and it’s outcome investigated!! I always thought it was unusual and weird when Fresenius won those first cases!! Gee- wonder if there was any funny business among the jurors!! Sounds like there wasn’t much doubt with the Davita case jury!! Would love to hear some comments from some folks on this matter??? Joe,perhaps???

  13. Elle Reply

    Quite an extraordinary difference between these lawsuits. I spoke to my lawyers firm and asked what they knew abt this Da Vita case and they said “nothing “ they just found out… my view is that as attorney – client we should all hv been advised of the possibilities and the law. Certainly anyone who ws treated showed signs of failing. Our case ws originally based on fresenius not coming forward with the 941 deaths and medical issues, basically not releasing the information. As everyone in the case had experienced medical issues that were the original lead in for the start of this case, how did we get so far removed. I also referred to the case that was lost by the plaintiffs, and was advised that the outcome proved that the solution was good. But it was not in the amounts administered. Otherwise our family members would be alive. So they hid the evidence, changed the parimeters of the case, chose to not include people, and agreed to a pittance, instead of the original gold coins they dangled. I have had little communication throughout. To finish, I feel that the attorneys and fresenius are the winners and we have lost. The other case, so far, proves that the solution caused great damage to people, and that the clinics have been deemed responsible for ignoring symptoms of their patients

  14. larry Reply

    Right Elle, the Davita lawsuit was filed several years ago too, prob bout the time the Fresenius suit was filed!! Now why does a federal jury in Massachusetts rule in favor of $16 billion dollar a year Fresenius in 2017, and a year later , a federal jury rules in favor of plaintiffs and rules against $2 billion dollar a year Davita!! $383.5 million dollars awarded to three clients!! With hundreds more ready to file vs Davita!! Now Davita does say the court ruling was unjust and naturally they’re going so appeal, so who knows,the $$$ awarded could def come down!! But here’s the deal- it’s the same Granuflo that both companies used- that were proven to cause the cardiac arrests of thousands of patients!! So here we are- supposedly near the end?? of our small settlement with Fresenius- and then – boom- you hear about the $383.5 settlement on the Davita case!! Great timing- makes you sick at your stomach!! So I’m curious to know how other litigants feel on this news?? Fair- unfair?? Justice- no justice?? Of course I’ve said all along- no price is worth the death of a loved one!!! But it really makes you wonder how Fresenius beat the system- on their court case?? Why did these two federal juries rule in opposite ways??? Did Fresenius get away with murder?? Manslaughter?? I really hope the Colorado plaintiffs get their millions- but I’ve said all along- for any family members who lost a loved one due to Granuflo- they should have each received $1,000,000( one million dollars)!!! What about it Joe, or anybody else???

  15. Arthur Reply

    Michele and Larry it’s not Havens Berman. Do a little homework and follow up. The name is Hagens Berman out of Seattle and San Diego. I do believe in Elle belief that Granuflo is not the culprit. It’s in the way they extract the waste. It can cause a Cardiac Arrest. So you may have another lawsuit in your hands. Not a product liability.

  16. elle Reply

    here are some statements from our MDL regarding who manufacturers or was responsible. There s one line that indicates that perhaps all was not pursued entirely.
    Also, there maybe time for some plaintiffs to seek further legal advice regarding the wrongful death statute. Upon further exploration, it appears that there were several plaintiffs that did not opt-in and sought other avenues.

    The court’s analysis starts off with citations to the lead cases in ten states (plaintiffs’ home states plus Colorado) supporting that strict liability and breach of implied warranty claims are not available against healthcare providers. Id. at *11- 14. In response to that overwhelming body of law, plaintiffs attempted to fit the clinic under each state’s definition of manufacturer. The court disagreed:

    Davita is not a manufacturer of solutions for hemodialysis. Doctors prescribe hemodialysis, and Davita administers the treatment. The only action that Davita takes that could possibly be construed as “manufacturing” is the addition of water to achieve the correct concentration of hemodialysis solution. Plaintiffs are free to allege that Davita acted negligently in its creation of the solution or monitoring of patient blood pH, but they cannot pretend that by adding water to a product manufactured by someone else (a step that is necessary to use the product for its intended purpose) Davita thereby became a manufacturer of the product or that Davita should be held strictly liable for defects in that product.
    Id. at *15-16. In addition to plaintiffs’ lack of case law to support their position, they also offered no facts to suggest that by adding water to the dialysate powder, a new product was created or that the product was “chemically altered” in a way that allegedly caused plaintiffs’ injuries. Id. at *16. If they had would that have made a difference? We don’t think so, but since they didn’t go there, neither will we. The bottom line for this case — re-hydrating a powder is simply part of the process of administering it and the clinic’s role was that of a healthcare provider – nothing more.

    PLAINTIFFS ARE FREE TO ALLEGE THAT DAVITA ACTED NEGLIGENTLY IN ITS CREATION OF THE SOLUTION OR MONITORING OF PATIENT BLOOD PH, BUT THEY CANNOT PRETEND THAT BY ADDING WATER TO A PRODUCT MANUFACTURED BY SOMEONE ELSE (A STEP THAT IS NECESSARY TO USE THE PRODUCT FOR ITS INTENDED PURPOSE)

    IN ADDITION TO PLAINTIFFS’ LACK OF CASE LAW TO SUPPORT THEIR POSITION, THEY ALSO OFFERED NO FACTS TO SUGGEST THAT BY ADDING WATER TO THE DIALYSATE POWDER, A NEW PRODUCT WAS CREATED OR THAT THE PRODUCT WAS “CHEMICALLY ALTERED” IN A WAY THAT ALLEGEDLY CAUSED PLAINTIFFS’ INJURIES. ID. AT *16. IF THEY HAD WOULD THAT HAVE MADE A DIFFERENCE? WE DON’T THINK SO, BUT SINCE THEY DIDN’T GO THERE, NEITHER WILL WE
    above sentences may be interpreted that our attorneys did not pursue
    what is stated here in the conclusion, leaving us without this very important defense.
    Is It too little too late for all of us?
    you can reference this information on DrugWatch

  17. Angiee Reply

    Michele,
    I just read the same artical. I am completely floored. I cannot believe this. I feel these attorneys have not fought for our loved ones best interest. They have only considered theirs. I live in Arizona & my so called attorney is out in Texas. I regret not choosing local representation. It stopped being about our loved ones a long time ago. They made this about them & that is disgusting. Hagens Berman is a nationwide law firm. They have an office local to me & I spoke with one of their attorneys. I explained my situation and he explained as best he could. He said they tried a Fresinius case in Massachusetts and they lost. He went on to say Fresenius has exceptional representation & Davita did not. That is most likely why our attorney’s excepted the $250,000,000. He also said had i not opted in, they would have been more than willing to take my case, but since I did opt in, i basically no longer had a case. He didn’t think my attorney just settled, he again, explained that Fresenius has an exceptional legal team & I could have very well ended up with nothing in the end.

    What I don’t understand is how they found Davita responsible & awarded that amount of money when the product Davita used was a Fresenius produced product??? But Fresenius isn’t liable??

    If you haven’t opted in to this settlement or you have questions, contact Hagens Berman. They were very pleasant.

  18. Joe Reply

    Its hard to say when everyone will recieve the money. They added a case to this MDL just Recently. . I don’t know it’s very strange I thought the settlement process was over how can they add a case tothe MDL if the settlement is Process is over.

    UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION
    IN RE: FRESENIUS GRANUFLO/NATURALYTE DIALYSATE PRODUCTS LIABILITY LITIGATION
    TRANSFER ORDER
    MDL No. 2428
    Before the Panel: Plaintiffs in the action listed on Schedule A (Gallardo Hernandez) move under Panel Rule 7.1 to vacate our order that conditionally transferred Gallardo Hernandez to the District of Massachusetts for inclusion in MDL No. 2428. Defendants Dialysis Management Corp., Inc. d/b/a Corpus Christi Acutes (incorrectly named as Fresenius Medical Care – Hospital Program Hemodialysis Corpus Christi Acutes); Fresenius Vascular Care Corpus Christi MSO, LLC; Fresenius USA Manufacturing, Inc.; Fresenius USA Marketing, Inc.; and Fresenius USA, Inc. (collectively, Fresenius), as well as defendants Post Acute Specialty Hospital of Corpus Christi, LLC, and Unknown (PAMSH) Employee Defendant R.N. #1, oppose the motion.
    In support of their motion to vacate, plaintiffs, who are proceeding pro se, argue that transfer of Gallardo Hernandez is not warranted because it involves medical negligence claims against non- Fresenius defendants, and because plaintiffs allege that the NaturaLyte Liquid Acid Concentrate (NaturaLyte) used in decedent’s hemodialysis exhibited a defect not alleged in the actions pending in MDL No. 2428 (namely, bacterial contamination). These arguments are not persuasive. In addition to these unique claims, plaintiffs in Gallardo Hernandez allege that the same chemical composition defect of NaturaLyte at issue in the MDL resulted in the decedent’s suffering from metabolic alkalosis. Plaintiffs, like those in the MDL, allege that Fresenius failed to provide adequate warnings about the risks associated with NaturaLyte. Transfer under Section 1407 does not require a complete identity of common factual issues as a prerequisite to transfer when the actions arise from a common factual core. See In re 100% Grated Parmesan Cheese Mktg. & Sales Practices Litig., 201 F. Supp. 3d 1375, 1378 (J.P.M.L. 2016). Moreover, other actions transferred to the MDL have involved similar medical negligence claims against dialysis centers and medical providers.Plaintiffs also argue that their claims are distinct from those in the MDL because the incidents underlying their complaint occurred in 2015, and thus do not fall within the scope of settlements in the MDL. This MDL is not limited to actions alleging injury during a specific time period. That plaintiffs’ claims may not qualify for resolution pursuant to the global settlement being administered in the MDL does not bar transfer, particularly where the transferee court is actively adjudicating the claims of plaintiffs who have opted out of that settlement.Plaintiffs further contend that transfer is inappropriate because Gallardo Hernandez was improperly removed from Texas state court. The Panel, though, has held that jurisdictional issues generally do not present an impediment to transfer.1 See, e.g., In re Prudential Ins. Co. of Am. Sales Practices Litig., 170 F. Supp. 2d 1346, 1347-48 (J.P.M.L. 2001). Plaintiffs can present their remand arguments to the transferee judge.
    Finally, plaintiffs insist they would be prejudiced by transfer. We are sympathetic to plaintiffs’ concerns about delay and expense, but we are not persuaded that they justify exclusion of this action from the centralized proceedings. Transfer of an action is appropriate if it furthers the expeditious resolution of the litigation taken as a whole, even if some parties to the action might experience inconvenience or delay. See In re Watson Fentanyl Patch Prods. Liab. Litig., 883 F. Supp. 2d 1350, 1351-52 (J.P.M.L. 2012) (“[W]e look to the overall convenience of the parties and witnesses, not just those of a single plaintiff or defendant in isolation.”).
    After considering the argument of counsel, we find that Gallardo Hernandez involves common questions of fact with the actions previously transferred to MDL No. 2428, and that transfer under 28 U.S.C. § 1407 will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. In our order centralizing this litigation, we held that the District of Massachusetts was an appropriate Section 1407 forum for actions sharing factual questions arising out of allegations that plaintiffs suffered injury or death caused by the use of GranuFlo Acid Concentrate or NaturaLyte during hemodialysis and that such use of these products may cause metabolic alkalosis in patients resulting in low blood pressure, hypokalemia, hypoxemia, hypercapnia, cardiac arrhythmia, or cardiopulmonary arrest. See In re Fresenius GranuFlo/NaturaLyte Dialysate Prods. Liab. Litig., 935 F. Supp. 2d 1362, 1362-63 (J.P.M.L. 2013). Gallardo Hernandez involves similar allegations that plaintiffs’ decedent suffered metabolic alkalosis as a result of the use of NaturaLyte during hemodialysis. This action thus involves factual questions relating to whether NaturaLyte was defectively designed or manufactured, whether Fresenius, the manufacturer of NaturaLyte, knew or should have known of its alleged propensity to cause injury, and whether Fresenius provided adequate instructions and warnings with this product.Panel Rule 2.1(d) expressly provides that the pendency of a conditional transfer order does not limit the pretrial jurisdiction of the court in which the subject action is pending. Between the date a remand motion is filed and the date that transfer of the action to the MDL is finalized, a court generally has adequate time to rule on a remand motion if it chooses to do so. Plaintiffs in Gallardo Hernandez have not yet filed a remand motion.IT IS THEREFORE ORDERED that the action listed on Schedule A is transferred to the District of Massachusetts and, with the consent of that court, assigned to the Honorable Douglas P. Woodlock for inclusion in the coordinated or consolidated pretrial proceedings occurring there in this docket.

    This lawsuit is a big scam,

  19. larry Reply

    You know , although I was hoping otherwise, I am beginning to agree with Joe that this whole Fresenius dialysis lawsuit is a big major scam!! They( and I am including the administrators, judges, lawyers,etc) just won’t let this case end and be resolved!! Every time they promise the case will end and people will get paid- they come up with other cases or appeals out of nowhere, and continue to delay the settlement!! There is no excuse for this behavior!! And Joe also stated that pretty much the lawyers, rather than the administrators/ judges, made the choice what settlement group you were in!! I am so disgusted at this case and how it has been handled!! I am considering getting a group together to have this Fresenius dialysis lawsuit case investigated, to see if fraud, malpractice, and other laws have been broken in the settlement of this case!! Most attorneys continue to keep you in the dark on this case!! It may well be 2020 before anybody ever sees a penny of this money!! Totally, absolutely ridiculous!! What an unprofessional handling of this whole process!! Would love to hear from other litigants on their feelings about this case???

  20. Laurie Reply

    I am so disgusted also! If a group is getting together to fight this let me know! I will be with you. Not sure if any good will come of it but we can try. Something is not right here and I want answers!

  21. Mary Reply

    My husband, 49 years old, of 31 years of marriage, father of one son, grandfather to 6 grandchildren, 3 of which he didn’t get to meet, 20 year retired Navy Veteran, life is worth $725. We fell into the $1500 category, because he died 17 hours after that 24 hour deadline. I received the check Tuesday of this week.

  22. Elle Reply

    If there is a way to have control over our MDL and have representation that would involve the plaintiffs, I would like to seek help. I was advised that the plaintiffs that did not opt in have been dismissed, as they were not prepared with proper medical evidence. IDK?
    Anyone have more info. Again, the reason our reps agreed to the offer is the evidence that granuflo is responsible for the illnesses could not be substantiated. Anyone know differently? Due to that result the trials were dropped, settlement offered and we know the rest. However, the Da Vita case seems to prove that there were big issues with the solution, administration, treatment and results, even though the case is wrongful death and not product liability, as is ours. I am upset as we were not advised, apprised of the value of possible alternative laws available. I think our case medical info was acquired w an agreement not to pursue Da Vita??? Anyone comments? We r going to be financially responsible to pay for this medical expertise, regardless. The statute for any other lawsuit has expired for me, but not for everyone.
    Anyone’s thoughts? I believe that this is it for most, but bizarre of these end games. Why can’t the settlement be put in an interest bearing account st this point if it is just not going to be resolved timely? Why are they still in control. Judge Woodlock needs to answer for this horror as well.

  23. Anthony Reply

    I think we need to inform the media and bring attention to the handling of this case

  24. Jay Reply

    I lost my father do to this too I agree with you on this matter this case should be investigated we are the peoples we can make this happen we can all stand together it not hard because my lawyer tell me the same things if you don’t opt in you will not get nothing that was a big lie I will love to here from y’all about this we can all get together in go to Washington D.C. on this someone there will listening to us and someone there will help us let do this.

  25. Kim Reply

    I have tried to get comments put on here before but I must have hit on some valid points that they did not want me to let others know about so I hope this will make it this time. I 100% agree that this lawsuit has been one big scam and that we the clients have gotten railroaded. We are getting hit once again with a loss for the 2nd time by these lousy people.I also agree that we need to start looking into finding out more about what is going on because it stinks to high heaven that dirty politics are happening from top to bottom.

  26. Elizabeth Reply

    I think everyone needs to chill and just except whatever it is that they are getting…yes, i understand that some or most of you lost loved ones due to this and my condolences go out to all of you but protesting, and getting the media involved I think will only make things worse. I went into full cardiac arrest while in my dialysis chair and have received 275 points for my claim…for being a person that was actually affected first hand, not being related to the victim, it makes me rather frustrated to read almost all comments saying no amount of money can replace my father or mother or whoever, yet you are so upset of what you MIGHT get. Also, this probably happened around 2010ish so im sure funerals and what have you have already been paid for so what is it that you, not even being the actual victim, other than losing a loved one, believe that you are so entitled to? Life is not fair, unfortunate things happen all the time, yes, this could have been prevented but it is what it is. I would hate for this lawsuit to get even more prolonged simply because a bunch of money hungry relatives of victims feel they are entitled to who knows what and protest causing further delay to the actual victims like myself who are waiting patiently for a little relief.i apologize for offending anyone with this post but i have been following this blog for a while now and all i see is greed really.

  27. Joe Reply

    Epiq Systems is most likely being paid off because the decisions they are making are malicious. They are not rational something is not right about any of this. Here’s a quote from one of the lawyers to the claims administrator.

    Dear Claims Administrator:
    I wrote on April 12, 2018 requesting that you provide an explanation for your denial of — &
    Associates Granuflo claims. To date I have not heard a response. The claims of —– —– who suffered an attack APA attack at an FMC clinic was not on your list of APA claims. We DEMAND explanation as to why this claim was not included in the first round of payment and related to Providio as Denied. Mrs. ——- last prescription was Granuflo and her prescription records were apart of her file sent to Eqip.
    —— —–, deceased, was a Granuflo claim, she had a Granuflo prescription at her last dialysis , her claim was denied ..
    Re ——-was treated at the FMC clinic , and her FMC surveillance records were provided. —-had a Granuflo prescription, yet her claim was denied.
    We need more information as to how was these claims were classified and why. Response from the claims administrator .

    Please accept my sincere apologies for the delay in this response. I had recollected that we did provide you a response last week, but it appears I was mistaken in that recollection.
    We have reviewed the records in our database and determined that medical and other records for the claims
    you referenced were not timely submitted via our Facilitator claim filing portal. As a result, they were not reviewed and are not eligible for payment under the terms of the settlement.

    Response from lawyer
    I wrote on April 12, 2018 requesting that you provide an explanation for your denial of —–&
    Associates Granuflo claims. To date I have not heard a response. The claims of Dorothy —- , who suffered an attack APA attack at an FMC clinic was not on your list of APA claims. We DEMAND explanation as to why this claim was not included in the first round of payment and related to Providio as Denied. Mrs. ——- last prescription was Granuflo and her prescription records were apart of her file sent to Eqip.
    Mildred —-, deceased, was a Granuflo claim, she had a Granuflo prescription at her last dialysis , her claim was denied ..
    Re —— —-was treated at the FMC clinic , and her FMC surveillance records were provided. —-had a Granuflo prescription, yet her claim was denied.
    We need more information as to how was these claims were classified and why they were not paid as APA. Please respond second request.

    This is Joe now. As you can see it’s a big scam. The problem is the judge is not aware of all the claimants that had similar issues. I left out the last names of the clients just out of respect and I also left out the lawyers name.The settlement is over so there’s not much anyone can do at this point. The settlement was not done the way it was supposed to be handled. There were valid claims that were denied. This is unacceptable. Everyone should’ve had the option to appeal if the claim was denied or move to a subpar category. That option was taken away for most. The reason for that is unclear. According to the opt-in later or form. If you received A unfavorable determination or denial you had a short period to appeal that decision. Most did not get that option and no explanation was ever given of why. You could try to Sue your lawyer for malpractice or fraud. As for the settlement I don’t believe there’s much that can be done. You have one option That is too sue your lawyer. Without the funds to do so ,it will be a hard Battle To undertake.

  28. Laurie Reply

    First off Elizabeth I am so happy you are alive and have a point value of 275.

    Unfortunately my mother is not alive and I have a point value of 175. Which btw I will be donating whatever, if ever, the money from this lawsuit to the Kidney Foundation in my mothers name.

    Do not assume this is about greed, it is really not. It is about justice and what is right. Nothing is right about this lawsuit from the very beginning and there are quite a few people here that truly believe that we got the shaft on this. Whether it was Fresenius, the courts or our own attorneys, we have been used and lied to.

    So please do not assume about anyone or anything here. We all have the same goal! JUSTICE!

  29. Elle Reply

    Elizabeth
    I take issue w ur insulting comments to patients and families of people you do not know. Do u assume that everyone who was not the patient has had a wonderful life since their loss. You should reconsider your comments, losing family members is an emotional disaster and while Time helps heal you are never the same. If victims know the cause, and those involved are profiting and not admitting wrong doing, doesn’t seem right.
    And our own FDA pulled the product and still
    It is not resolved. We who are left need financial assistance to bridge the gap of material loss also or have you not had medical bills, loss of income, working well past retirement, losing your home and so on. Money is a band aid compared to what happened to ourselves and families.
    Please direct your comments to Fresenius
    And the attorneys, perhaps they will help those who have been hurt. And I hope you have a kinder thoughts and support others who have been injured.

  30. Joe Reply

    I try to ignore people like Elizabeth of course everyone wants closure to this lawsuit. But there were 9 claims that were not Done correctly who’s fault it was is unclear. Looks like the administrator made mistakes and so did the lawyer those cases should Be part of the settlement. Even if there is a delay in payouts for others. Elizabeth has a warped way of thinking Because she survived she thinks she is more entitled to the settlement than anyone else. including a 12-year-old child whose father died and he was the sole provider for the family. Why don’t you tell that 12-year-old child at the time that funeral costs have already been paid for. So why should you try to get more money. Your father’s life wasn’t worth any more than what you are getting what a terrible thought process you have Elizabeth. I don’t Think anyone is greedy they just want justice and righteously so. If Justice comes in the form of money then so be it.

  31. Arthur Reply

    I think Elizabeth is full of BS. I am pretty sure the 275 she referring to is her weight. People just keep the faith. I am pretty sure it will be over soon.

  32. Angiee Reply

    Maybe Elizabeth is right, maybe she isnt. One thing I do know is even though Fresenius took my dad’s life, they didn’t take his peace. He died a peaceful man & THAT’S what comforts me. Your comment was bitter & rude, evident that you lack that peace….Elizabeth has issues 275 points isn’t going to fix

  33. Bill Reply

    Our father has been gone for 7 years now over this recall. He had to sit and watch him die in the Er and had to tell them to stop trying to revive him. This lawsuit and the money isn’t crap but we could of spent at least 5 more years with him. We got awarded only 125 points and we are hoping all you people that think its going to be a mere $700 a point is wrong. There was 6 of us kids one sister has died so we have been waiting on the outcome to get this over and behind us! Every time i look at this site i always think of my dad and I really would like this to end!

  34. Irene Reply

    I received an email from my attorney today after a long silence…. this is what the email said: Your APA award has been approved. The lien resolution company is currently searching/handling any medical liens claimed in the approved claims. Let me schedule a call with you next week to discuss the details.
    I have no clue what that means. Does anyone know what APA is?
    And….Just for The record, Elizabeth… I have been following this blog for a very long time and not spoken… I just have to say that I found your comments very disheartening… you my dear survived…Lucky you ….that would have been a blessing for me if my dear sweet husband… My soulmate would have survived… I do not consider myself a money hungry relative as you so rudely put it… My whole purpose in this whole thing is just to try to get some closure for losing my dear sweet husband who was only 56 years old… Any monies… If any… Because that is very questionable … I am going to gift to my son as his loss was as great … He lost his father and best friend … they were so close and his dads death as been very hard on him he was only 21 when he lost his dad… Who died on Father’s Day …in 2011 … It’s not about the money for me… what about you Elizabeth?

  35. SAM Reply

    I was hoping somebody could give me some input regarding the settlement. I am not trying to delay payment. I might have a case against my lawyer. To qualify for the settlement did you have to meet certain bicarbonate levels and certain potassium levels or were those just considered add on points Along with the timeframe when death occurred from a cardiac arrest. I am being told my case was moved by the claims administrator from the Granuflo Compensation fund to the APA $1500 fund because my mother did not meet certain bicarbonate levels and certain potassium levels. This was all told to me via phone call. I never received anything from the claims administrator or my lawyer in written form. I was told this information over the phone. I requested my case file over a month ago and he is not sending it. He will not respond to any emails or phone calls. I basically want to know if you had to meet Certain bicarbonate levels and certain potassium levels or were those just add on points Thus giving you a higher points score. Any help is much appreciated. I opted in back in September 2016 my form stated because of documented use of Granuflo and a demonstrated cardiac arrest within 24 hours we believe you are eligible to participate in the Granuflo Compensation fund. I don’t think my lawyer submitted my claim. Like I said I am not trying to delay anyone’s payment. I just want to know this information to see if I have a case against my lawyers for fraud or malpractice, Thank you.

  36. Joe Reply

    No Sam that doesn’t sound right to me. As far as I was informed potassium and bicarbonate are additional points. Base pay for use of Granuflo And a cardiac arrest within 24 hours is equal to 100 points. There were no definitive bicarbonate numbers or potassium numbers or levels that had to be met. You should have received something from the claims administrator.It could have came from your lawyers office but it should’ve had the claims administrator’s address on it and it should be clearly stated who made the decision And why. I think you might’ve gotten scammed. If you’re capable file a lawsuit against your lawyer. He has a moral obligation to keep you informed. If you ask for your file you are entitled to it. Especially considering you received no written document verifying you were moved from the Granuflo compensation fund to the $1500 APA fund. What is this lawyer thinking, you are just going to take his word on it without any proof. What a Scam lawyer you have,sue him. What did he say the bicarbonate and potassium levels were supposed to be to qualify ? As far as I know potassium of <4 and bicarbonate of >28 Will give you a total of 50 extra points. If you only had one you would get 25 points per potassium or bicarbonate. Don’t worry about delaying payments. That probably won’t happen. It sounds like you were treated unfairly or your lawyer is trying to pull a fast one on you. Whatever happens I hope for the best for you it’s truly a shame a lawyer would do this to anyone.

  37. Marie Reply

    It has been seven years since my mom passed away. I’m starting to think this is a scam lawsuit. How does Davita lose To 3 people tons of money and all of our lawyers working together only get $250 million for how many people? I hate calling my lawyer’s office. They are so rude to us. They work for us they should not be rude to us. She told me she spoke to me in May and told me that the appeals were going out. I felt like saying to her this is July almost August. Almost 3 months later. It’s not like I call them every day. I told her the previous attorney I spoke with told me it would be wrapped up by June 2018z She said he is no longer with the company. I’m not sure what that has to do with what he told me. I asked her if it would be 2019 when it finally gets settled and she said no it will be done by the end of the year. I don’t believe her. They just keep pushing it off. I just want it done and to forget about it. And for the person that said that we were being greedy, that was really rude. We lost love ones and many years they could have lived to enjoy life with us and my grandchildren. The measly amount of money we will be getting is nothing compared to losing a loved one. My mom was my best friend. A day does not go by that I do not think about her. I wish I would have gotten her out of that dialysis center. I had no clue they were going to kill her. I don’t care what anyone says her heart was 100% healthy. Even did a stress test in the hospital when she was comatose on the vent. Said if she wakes up her heart is perfectly fine. That’s what I do not understand about this lawsuit. Why did they take cases that had CHF and did not take care of them selves? I’m sure there are many people who passed away that did take care of themselves. That’s where I feel like the lawyers screwed us. They did not look out for our best interest by allowing Frensius to pick these cases. I feel like something is going to happen after this is all settled. I have a big lawyer that was part of the NFL lawsuit. Why didn’t they do something? It’s like they just wanted it to go away. That’s how big Pharma companies work. The little people get screwed. I would give up any amount of money to have my mother with me today. I have a big law firm representinnnme that was part of the NFL lawsuit. Why didn’t they do something? It’s like they just wanted it to go away. I am on dialysis now myself. I Refused to use this company. I am with Davita doing PD dialysis at home. I will not have that chemical put in my body. I don’t feel it is still safe for anyone. The FDA recalled it and all they did was re-label it and put it back out. That company is worth billions and can pay people off to make the lawsuit go away. I refused to use this company. I am with Davita doing PD dialysis at home. I will not have that chemical put in my body. I don’t feel it is still safe for anyone.. I do think that the people in this lawsuit should get together and sue the manufacturer of the product. The sad part is it’s probably past the time that we can sue. Maybe that’s why they prolong this so long. Just my opinion. Good luck to all and God bless.

  38. Marie Reply

    I forgot to mention something else that the paralegal said to me. She said that we sued the pharmaceutical company not the dialysis center and that is why the other people were awarded more money for the davita lawsuit. So why did they not sue the dialysis center on our behalf? Lots of questions that will never get answered.

  39. Elle Reply

    I believe my attorneys agreed it to sue DaVita in exchange for the medical records. Does anyone else recall such information? And that would be a problem for the law firm
    Particularly in light of this Da Vita settlement.
    I want to know if our legal representatives are required to advise you of all possible solutions or legal avenues to be considered.

  40. Tonya Reply

    Does anyone know exactly when we get money my attorney is useless also no communication at all my mom died on machine jan 10th 2010 i think my sister jumped in this lawsuit 2014 not sure but its been a long time im sooo tired of this just want our share and 2 be done with this years ago now these attorneys think they can take advantage of the death if our loved ones and leave us in the cold and dark its all BS and maybe ur rite we should all ban 2 gether and make these attorneys pay for their negligence its sad really sad they act sooo concerned hooked u 2 their BS run then ran with our money and i dont think n e of us r greedy i think the attorneys r and inconsiderate and uncompassionate for all our loss not theirs ours god bless u all i hope this all goes well for everyone

  41. larry Reply

    Has anybody got any updates from their attorneys on the dialysis suit?? Don’t understand why these attorneys continue to keep their clients in the dark?? A lot of clients have indicated it’s like their attorneys get mad or upset, just when they call to try and get updates!! This whole lawsuit settlement has been handled unprofessionally by all involved( and that includes lawyers, judges, administrators,etc)!! Last I heard they were still hearing federal appeals, several sent back even after the appeal process supposedly ended!! Also have heard they still have to do medical lein checks, get probate estates open to receive funds, and of course to my knowledge, no attorney has received any paperwork on the major injury claims advising them of gross and net payouts!! I am telling you this process could go on til 2019!!! Joe, or anybody else, if you have updates, of if anybody in the top injury settlement, has heard anything recently from their attorney, can you please post us an update!!! Thank you!! What a nightmare this whole settlement has been!! There is no reason anyone’s attorney should have shown them any disrespect at any time, while trying to get information on this case!!!

  42. Margo Reply

    My husband died 4 hours after being on dialysis I have not been told anything from my lawyers Goldenberg Heller about any points they say they do not know anything yet but call them anytime. I think they need to keep us informed not the other way around. My husband can not be replaced but they do not care. If we can sue the lawyers for the lack of empathy and the mishandling of these cases count me in. All they care about is the money they are going to make

  43. Elizabeth Reply

    I actually spoke with my attorney today and was informed that the base points have a value of $706 and the eif points are $699 per point. She also said that they should have an idea of when the monies are going to be dispersed in the next 2 weeks.

  44. Alicia Reply

    Hi, this question is for anyone that have received their money yet. Did your money come with your letter or did the letter come first and then the check?

  45. Laurie Reply

    This is what my attorney sent to me in an email:

    Final point values expected imminently. Expected to be around 700/point. Disbursement hoped for after lien clearance October, 2018.

    Sick of this BS!!

  46. Tonya Reply

    Oct 2018 r u kidding me this is never gonna end and when it does lawyers r the only one profit n how truly sad because the way everyone talks on here none of them r even do n their jobs and communication with us is part of their job all pure BS SORRY FOR EVERYONES LOSS hopefully this will b over soon and we can all move on GOD BLESS U ALL

  47. richard Reply

    I believe this whole lawsuit was mishandled from the start, my mother was murdered by a product from fresenuis while she was at a fresenuis facility in bklyn NY, my attorneys that filed on her behalf, did not take this into account? If the Davita lawsuit is about suing the facility not the manufacturer or as they say “wrongful death” as opposed to product liability wouldn’t a competent firm know the difference? I also believe that the judge on the woodlock case was bought, judges canons codes are the way to find out, if a judge accepts a pharmaceutical junket, lunches anything, is how you get them investigation should be done, i for one am taking steps by contacting journalist to see if they are interested, its a ling shot but something has to be done.

  48. Elle Reply

    Sorry if I am redundant, things have seemed to be wrong in handling of our case.
    I think there was an agreement w DaVita to not sue In exchange for clinic medical records.
    Unfortunately l am not well versed in legal matters, nor have communications been great from law firm. My opt in letter estimated the approx number of cases that could b eligible, the approved numbers seem to match that. How did this happen. Health problems directly related to granuflo n naturalyte are available and the basis of this MDL, but new criteria applied. My husband would often remain after treatment as he was not able to walk and his pressure ws too low etc. He stayed in a hospital for weeks, and then released, had one treatment and passed arriving at home.
    I understood he was sick, but it seems after all of this it was directly because of granuflo. Our medical expertise could not get a jury understand what occurred w these solutions? Plaintiff lawyers gave up trial, as too difficult to have a jury understand the affects caused by the dehydration and lack of precise labeling for rehydration. The Dial case, was a terrible example due to other extreme health issues. Are not most plaintiffs in MDL’s sick. So any further trials, which were originally part of our case were left go.
    My attorneys said that opting in was the BEST choice which felt very menacing. They hv said recently that opted out cases were thrown out because they could not get the medical expertise required for trial. I don’t know details abt their cases. So the MDL has power, because we hd the medical expertise which we will all b paying for. The steering committee made choices for us that we had no say in, we have no rights. Fresenius knew the impact, withheld information. Malpractice, wrongful death, product liability all should have been part of this case. My law firm
    Is now onto others, including the NFL.
    The DaVita suit is for wrongful death that staff were responsible for not responding to physical ills.. I’ve re read the original premise and am confused by redefining this case and causation, which seems many cases have been eliminated and to accept the settlement originally promised.
    But even now, seems no one is responding and calling the law office, attorneys hv left, new people. I did finally have a conversation
    and some of the details I have mentioned.
    What will we have to sign to be released? Fresenius was not responsible and this is final?

  49. arthur Reply

    I read a comment that someone stated they recieved a check for 1500.00 Is that true if so where are all the other people checks. I can’t see them sending only one person a check. I spoke to a paralegal in my attorney’s office and informed me that most of the things being said online is false. your thoughts.

  50. Laurie Reply

    From what I gather the $1500 checks were going out before any other payments. The bigger ( I have to laugh at this) settlements need to go through lien process and possible estate probate for some. Also with so many problems with this case (9 people not included) it keeps being pushed again and again. We are at the mercy of a corrupt judicial system I am afraid.

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