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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.


1,320 comments

  1. Arthur Reply

    The paralegal from my attorney’s office called me today and informed me that the claim administrator has finished assigning point value to our case and we will receive a letter via fedex soon. This is the first time in 3 years that someone actually called me with information. I am really hoping this case is about to end.

  2. Joe Reply

    The $1500 payments are done in rounds. So one specific group of people could be part of the first round of payments. So it could be possible that some people did receive their payment for the $1500 but that does not mean all APA claim have been paid. Not sure how many are in round one of the $1500 paid out claims. In fact I don’t even know if the first round have been disbursed yet. I know the 9 cases that were At issues The judge let those cases submit there claims late I believe The judge gave until July 3rd for their attorney to submit the claims to the claims administrator. Don’t know how long it takes for the claims administrator to Review nine cases but I wouldn’t think it would take long. Like I told everyone before there was one case after the administrator determined everyone’s claim not including those nine. There was one case added to this MDL. It’s unclear how they are going to handle that. It Definitely doesn’t make much sense. Not Sure if that will have a impact on payout dates.

  3. adam Reply

    Yes, Just spoke with my attorney today.Says we have 150 point.$700 a point. That’s bout the only good news. Said he won’t get a sheet with net figures til end of Sept cause government doing Medicare and Medicaid lein checks and will take two months to finish. Then in Oct they have to post three Times in your local paper a notice to see if any additional beneficiaries come forward. She sais this will go on Oct and Nov. Then near end of Nov or Dec she will send final letters to clients to sign and send back to her. Then money will be sent after your local judges approve the final deal. So in other words in my case I am prob not looking to get my $$$$ til Jan or Feb 2019!! What a joke. What a scam. I won’t someone to tell me who has been drawing interest in this $250 million dollars that’s sitting in a bank somehere. Fresenius, the judges, lawyers, administrators??? Still sounds like something fishy going on to me. These people just keep going on and on and on texting this already frivolous lawsuit. It may never END. Every higher body involved in this lawsuit should be ashamed and embarrassed with the handling of this case. Would like to hear any other comments clients have received from their lawyers…

  4. arthur Reply

    Hey Joe how long do you think it will take to receive letters from the claim administrator stating the point value of our claims. Then I wonder when will checks be mailed out…..I am hoping it does not take FEDEX years to arrive. Do you know how many people ended up in the group that died within 24 hours@

  5. ricky Reply

    Got verbal confirm from my attorney. I’ve been waiting- what 6 years or so on this case.I have 125 points.At bout $700 point totals to $87,000. Attorney gets 45% right off bat so down to $47,000. Take away medical records, medical liens, filing and recording probate estate fees, other misc fees totals $19,000, so after gross of 87,000 there was net of $28,000. To me that’s ridiculous. Split amongst 3 others, we each get bout$7,000 each for my dad’s death!! No justice at all for Fresenius killing him.Plus told don’t look for the $$$$ til bout February or March 2019. Saw earlier post. Who indeed gets the interest on the $250 million just sitting there since Nov 2017?? Bet Fresenius, the lawyers, judges, and administrators are splitting this interest money??

  6. Kimberly Reply

    I spoke with my attorney and was told I will receive a document to be signed, returned and then check for $1,500 will be mailed to me. Timeframe is end of August would get check.

    He told me 16,000 were in suit at beginning. Then 6,000 of which 4,000 were in the $1,500 category.

    The fact that we are out of the point category by a few hours is devastating. It is not just the timeframe change from 48 to 24 hours after treatment. it’s that the repeated treatments led up to her passing. None of this is fair to us. Money brings too much power and the fact that they leaned on the premise, what we do saves lives, is ridiculous.

  7. CYNDIE Reply

    Does anyone know the final number of cases that were approved for payment. I questioned my attorney and ” I don’t know”

  8. arthur Reply

    I received my award letter today…..point value is 706.00

  9. Ken Reply

    Something is just not wright with some of these blogs.I just talk to my Lawyer one of the big groups and I was told no payments until Oct.
    I was told that Administrator has not look over all of there cases.
    Also I ask about whats up on these blogs about payout they said no funds Have been sent out.

  10. Texas Reply

    Have Anyone heared that September will be the Payout month.

  11. Arthur Reply

    It will be over soon $706 and change per point. Checks will be delivered either late September or early October. According to my Attorneys. The fees are crazy.

  12. Marie Reply

    I got my letter from the lawyer on my exact settlement amount. It states that payouts will be in October this year. Let’s see if it happens. Good luck.

  13. jim Reply

    spoke to my attorney yesterday for first time in a year he said pay outs will most likely early part of next year but they are shooting for end of this year also each point is equal to 707.00 dollars due in part bad news they are negotiating the liens and fies that are against that money like medicaid and medicare courts and others things. also maybe necessary to open an estate with probate court which can be expensive and take 2-6 months to obtain depending where you reside he said they really cant give a more accurate date until they receive the monies in there accounts

  14. Joe Reply

    Status report from Green. these are true numbers actually.

    “I am pleased to be able to report to the Courts that the exhaustive claims processing, evaluation, and appeals process is virtually complete. Based on data provided to me by the Claims Administrator and Liaison Counsel, a total of 7,541 claims were processed with 6,557 found to be eligible for compensation from the fund and 984 determined to be ineligible after all internal appeals and appeals to the Special Master. I believe six claimants have filed for further appeal to Judge Woodlock and one to Judge Kirpalani Of the more substantial claims (Granuflo and Naturalyte), 1,790 claims out of a total of 2,262 were found to be eligible. Of the APA claims, 4,767 out of 5,279 claims were found to be eligible.As Special Master, I reviewed 375 claims seeking an award from the Extraordinary Injury Fund and granted the claim in 227 cases. I also heard appeals from the Claims Administrator’s determination in 426 cases and granted the appeal in 103 of them.”

  15. jr Reply

    talk to my attorney checks gets sent out Sept. 21

  16. larry Reply

    Concerning this suit- what my attorney has informed me is that the $1500 check payments were going out in different intervals!! She said they are on like the 3rd group of APA( or $1500) payouts!! She said only about 14% of the original almost 12,000 claims were in the top injury settlement!! Courts are only now doing Medicare and Medicaid lien checks, and knowing the government could be in Sept or Oct before they get through!! Then after lien check completes they will send attorneys spread sheets with their deductions!! Then attorney will deduct their fees(45% is what I hear), med records!! Then she will send clients a letter of their net awards!! But she said they must fille a notice in paper 3 times over a month make sure no other beneficiaries come forward!! Sounds like no $$$ til Jan or Feb 2019 to me???

  17. Betty Reply

    My advice is to call your attorney. The first round of $1500 claims were paid already, but not all claims fell into that category because of state medicaid programs. Also, Fresenius and the attorneys don’t see a cent of the interest from the settlement fund. Some of it will go to pay the claims administrator (hosting a website for over 7,000 claims and their uploaded medical records is expensive) which will keep those costs down. Otherwise, interest often goes to a Client Protection fund that compensates people that lost money due to dishonest conduct by an attorney. Every state has one.

  18. Anthony Reply

    If many people not satisfied with this case did anybody trying to reach news agencies or the Department of Justice.im just happy to be alive after going into cardiac arrest three times 2 minutes after treatment

  19. Elle Reply

    Follows is the verbiage from The Da Vita class action for wrongful death lawsuit which has initially been awarded $125 M each for 3 families. While I doubt that this will rest as is, the proof is undeniable that granuflo and naturalyte caused these ills as the following words will attest to. One of the steering committee Attorney’s stated that they could not prove the solutions to be responsible and get a jury to understand, so they agreed to
    The settlement without additional bellwethers trials, after the first case was won
    For the defendants. Our lawyers didn’t try.

    “A wrongful death lawsuit brought by the families of three dialysis patients resulted in a $383.5 million verdict against DaVita, which provided dialysis treatments with GranuFlo, which allegedly caused the sudden cardiac arrest for each of the patients.

    The verdict was returned by a federal jury in Denver on Wednesday, determining that the company was responsible for the cardiac arrest deaths because staff members used the dialysate GranuFlo, and knew or should have known that it may increase the risk of heart problems.

    The lawsuits alleged that DaVita employees ignored a number of health signals, such as major blood changes, and reports of deaths and severe injuries within the medical community involving GranuFlo dialysis treatments.

    The verdict awarded the three families between $1.5 million and $5 million each for compensatory damages, and then added another $125 million in punitive damages for each family, which was meant to punish DaVita for recklessly endangering dialysis patients.”
    Please advise if ur take away from the above case assessment, ie., DaVita, is not clearly stated so that anyone with thinking ability would be able to see the facts and judge accordingly. Why did our MDL Attorney’s not negotiate, work harder for the 12000 cases they agreed to represent.

  20. Me and my Reply

    What will be the different in payouts between granuflo and natural lite

  21. Angela Reply

    It’s been a long road for all of us & no amount of money will ever bring our loved one’s back.
    We were all victims of big Pharma…..hopefully one day justice will be served & they will suffer our misery ten fold.

  22. George Reply

    My attorney sent me the following: $706.14 base points and $699.18 EIF points. He did not mention if the settlement check would be sent out in October like he told be previously but I hope it will be. FYI my attorney had me probate my mothers estate very early on in this process so I am concerned that other attorneys did not do this for their clients. I would be very upset with that if I were all of you.

  23. Kim Reply

    Does anyone know if you have to pay income tax on the money you receive?

  24. Anthony Reply

    My lawyer told me the case was approved and the money will be sent to the lawyers in September and i get should get our checks in October

  25. Laurie Reply

    I believe you do not have to pay taxes from what I saw in previous posts.

  26. Samantha Reply

    When will i receive my money my case number is 12014cv13937 i lost my mom with this stuff

  27. JANE Reply

    Our lawyer called said they wood have the checks sept 21. We have to get a probate lawyer to divide the money between sibling.

  28. Marie Reply

    My attorney told me there will be additional fees associated with this case in additional to the 40% the attorney cost such as provceddi g fees, copy fees, etc and I should look at them getting 50% this is a whole bunch of crap and I’m told him that is not fair and I’m not standing for this they are already getting the majority of the settlement. Has anyone heard such BS?

  29. Laurie Reply

    Lets face it we got the shaft! Yet no one is willing to make an effort to bring this atrocity to the attention of the powers that be. I have written to media and state bar association but one voice will not help. We need everyone to speak up.

  30. Betty Reply

    Marie – check your retainer. Once signed by you, it is a legal binding document that has to be followed. Your attorneys probably put a paragraph or clause in there about expenses/costs on top of their 40% fee. They cannot ask you for anything not in your retainer.

  31. Arthur Reply

    When you hired your Attorneys, should of signed a retainer fee . Of either 33% or 40% if they go to court. It’s a binding contract. And if you had either a will or trust your case shouldn’t have gone to probate. It might be different in Massachusetts. The people who decided on your point system receive 4%. Shouldn’t be too many more expense other than liens. That could be a deal breaker.

  32. jim Reply

    What you would need to do is file an objection with the court handling the class action lawsuit about the settlement and that you don’t agree with it. You might also be able to opt out of the settlement as well. I would suggest finding a local class action attorney who knows the procedure and can file the objection because class actions are simply too complicated not to have an attorney handle on your behalf.

    You can search for a class action attorney on avvo.com in your area who can help you with your case.

  33. Betty Reply

    Costs to look for are for filing your case, ordering medical records, if they set up an estate, and also basic printing/post

  34. Dawn Reply

    First off… Special thank you to Joe (and a few others) who has been more informative, honestly than our attorneys combined. I have been following this blog since I found it a couple years ago.
    Most of us are in the ‘same boat’ with out any paddles here, but sharing genuine information is helpful.
    Laurie… I agree, as many of us do! This whole situation has been mishandled from the start, with major lack of communication between the individual attorneys and us, the plaintiffs. That seems to be a common thread here over the years, which is why this blog has been so much more informative (again, Thank you Joe for your diligence in information gathering). If there is some way to shout the injustice that was served, and the extremely poor handing of this situation, including the “cut offs” of those injured or killed, I am all in to help.
    Last year the firm I retained (Henry Spiegel Milling) split up, and it took me along time to make further contact with any representative. So again, I too have been able to learn and understand more of our situation/case from here.
    Regarding some above comments…
    Kim: I confirmed 2 year ago with my tax accountant, NO… this is one situation where we are NOT taxed!
    Marie: you should definitely NOT be paying any additional fees, and it should be documented in your initial retainer paperwork. However… if your fee was 40%, that is “good”… as mine and most are a 45% fee.
    One good thing is my attorney did set up an Estate account on our behalf in the beginning of the process, so any funds go there and will be divided between 5 of us. However I know each of my family members would give every little penny for just a moment back with our father/husband that was murdered 7/22/11 by this.

  35. Sam Reply

    I think people are forgetting that Fresenius WON their case in trial… the 250 million is what Fresenius offered to pay in order for us to not risk losing again at trial and not getting anything.. it’s not corruption, is not a scam, you want to blame anyone blame the jury!.. that’s why families who thought they qualified at first didn’t qualify at the end and the requirements got so tight because it’s so little money to spread around.. everyone had an option to opt out of the settlement.. I come here for updates about the case not to hear about “should have” would have” could have”.. my wife got 275 points the most I hear you’re able to get in at the point values are correct that’s only a little over $190,000 before deductions.. is that fair? No! But it is what it is.

  36. Mindy Reply

    Sam your wife’s attorney apparently did their due deligence handling her case. I was awarded 125 points only to find out that my attorney not only failed to keep me informed about this case as well as the Davita case, which I did not find out until earlier this year that they supposedly did not file a case, which in fact they did. The Davita case was filed August 27th, 2015 and then terminated September 8th, 2015. Not only have they lied to me they admitted to not requesting records from the hospital my father was transported to an hour after leaving dialysis. My attorney was out to line their own pockets from the get go.

    I have been calling attorney after attorney to get someone to help me in going after my attorney for legal malpractice and Danita both. You can guess how that is going. These attorneys don’t want to go after one of their own. Because my father didn’t have a POA or anything allowing me access to his medical information I’m pretty much screwed trying to get the documents myself due to HIPPA laws. One attorney did mention possibly getting heirship of medical records only, but because statutes are running out in running out of time. I feel justice will never have beenserved. My children have had to grow up without their primary male role model and I my best friend. So many people will never have closure.

  37. Elle Reply

    Sam,
    There is more information that u should read about Our MDL. Bellwether Trials are meant to set benchmarks for each side.
    Our attorneys’ medical evidence was difficult for the jury to find for our side.
    I am sorry for your loss and everyone’s. This is my only MDL, I believed the attorneys words, they were comforting. My husband’s loss would not be for naught. My children would be able to live, attend school, have therapy, we could stay in our home. Profits from wrongful gain would be shared amongst the injured. Fresenius profited from not alerting clinics, their choice. The settlement is so tight because the Insurance Company is paying for most of the settlement. Fresenius has been sued by their Insurance Co for non Compliance factors within their contract.
    The Da Vita case has been won because there were obvious indications that patients were experiencing ill affects during and after treatment, and staff was not reporting such. The jury understood the Evidence was clear so that families were awarded huge individual settlements. Great for them and great for DaVita. It’s a warning for all, take care of those who need your expertise, as they are not versed and need your help.
    There was one trial and the plaintiffs did lose. One trial, equalling large cost for both sides. Potentially casting much doubt that another trial w a patient not quite as ill, May very well have proven what we all have experienced.
    Patients on dialysis have many reasons for needing treatment, product liability cases are about people dying from approved treatments or drugs. Plaintiff attorneys are meant to
    fight for their clients. They are not meant to have private meetings and agree to settlements, excluding very many people harmed by dubious behavior. How many
    patients have been dropped as you state because all has been tailored to fit the settlement.
    If it is all about these defendants saving money, making profits excessively, why would anyone question helping people harmed by their greed and wrongdoing. It has to stop somehow, and include our wretched legal system.

  38. George Reply

    Very well said Elle! From start to finish this has been a travesty to say the least. I pray that someday changes will be made in the system so that others will not have to suffer the indignity and lack of empathy this case has shown the victims and their families.

  39. Elle Reply

    The company conducted a recall, which was actually a change in the label, not the removal of the product from the market.

    Kent Jarrell, a spokesman for the company, said the initial internal memo was actually incorrect and contradicted by further careful analysis. He said the warning language added to the GranuFlo label in 2012 was eventually removed. GranuFlo, and a related product called NaturaLyte, are used in dialysis machines to help cleanse patients’ blood.

    In the first case to go to trial, a jury in Massachusetts state court ruled that Fresenius was negligent, for not distributing the memo more widely, but that a patient’s death could not be attributed to GranuFlo, so no monetary damages were awarded, according to Mr. Jarrell and to Christopher Seeger, a lawyer who led the settlement negotiations for the plaintiffs.

    But if the initial concern was unwarranted and Fresenius won the first trial, why would it pay $250 million to settle? Mr. Jarrell suggested that a reason was to put the more than 10,000 lawsuits behind it
    The original NY Times, medical articles by Andrew Pollack.. Mr Pollacks daughter was a victim of the Parkland School shootings.
    He has organized to do something for the Parkland incident. Perhaps he might advise what direction we could investigate,although he was only reporting for this. Or the firm reprsenting the wrongful death suits may b helpful to some.

  40. Treneiece Reply

    Do you know if there is a difference in payout between granuflo and naturalyte cases?

  41. Judy Reply

    Yes their is a big difference in pay because the granuflo was more deadly are between the two. My attorney explain that in the beginning

  42. Samantha Reply

    My mom died from this granuflo natural lyte so what justice does she get i have been waiting since 2014 to find out what is going on with this case my lawyer never answers the phone or get back with me when i leave messages how is that professional

  43. Emma Reply

    It seems to me that the lawyers in these cases are the ones benefiting from all us loosing our mothers, fathers, husbands and other family members and the company is getting away with murder without any remorse what so ever, I am missing my mother everyday

  44. Elle Reply

    FYI
    Kidney-care provider Fresenius reports higher margin
    By Michael Sandler | October 29, 2015

    Germany-based kidney-care provider Fresenius Medical Care reported a slightly higher operating margin in its newest quarterly financial report released Thursday.

    The company’s operating income margin was 14.5% for the three months ended Sept. 30, up from 14.3% over the previous year’s quarter.

    Overall, Fresenius saw $614 million in operating income on $4.2 billion in revenue for the three months ended Sept. 30, compared to $590 million in operating income on $4.1 billion in revenue during the same time period a year ago.

    Looking back further, the company saw $1.7 billion in operating income on $12.4 billion in revenue for the nine months ended Sept. 30, compared to $1.6 billion in operating income on $11.5 billion during the same time period in 2014.

  45. arthur Reply

    I really think we need to move on this case has taken a toll on all of us but to keep going on and on about our loses is not helping us at all. If there is really a concern about how we are or were being treated as far as the monetary values we are suppose to receive, we should have all gotten together and protested to the media. Had that been done it may have been over sooner.

  46. Ann Reply

    Talked to my att today was informed how much my case got and told money will be here by the end of the month.. Should have money within 6 weeks!!!!! Not what I wanted out of this tragedy but glad its almost over!! God bless!!!

  47. M Reply

    It’s a sad situation for everyone involved. I feel everyone’s pain. I also lost my husband, he died way too young!! I hope there is something that can be done so the victims and their families can be compensated decently. Whether it be another Lawsuit or adjusting the one we are in now. If anyone gets any answers on that please let us know.

  48. George Reply

    This whole case has taken its toll on all involved and we will never have true justice for our loved ones. I pray this is over soon and that the power that be at Fresenius feel the judgement when the time comes. Our attorney’s let us down and the court system. God bless the victims and their families.

  49. Arthur Reply

    I spoke to the paralegal in my attorney’s office and she said we should “hear” or ” know” more about the time frame to receive funds. Again I feel we all have been shafted and should have done something about it months ago by going to media. Going to the media would have probable made the process go faster but we didn’t so all we can do now is wait and see. I think its almost over we will see in the coming weeks.

  50. arthur Reply

    Hello, M
    First of all this lawsuit is settled and almost over. The point values given is probably all we will ever get again had it been handled better by those of us involved maybe that would have happened. We trusted some greedy attorneys thinking our best interest was in their heart well we see that was not true.
    Most times the claimants go forth to let others all over the world know what is being done and most times higher institutions will get involved.
    This case has only hit the once and it is like nothing is going on……. There are many people still think its fake and no one will ever get anything so that is our fault. We need to start accepting some of the blame.
    I think the person name “Joe”on this blog is about the only one really kept up with this case other than that we all just sat back and followed suit, so we just wait and see like I have been doing since 2011. My spouse died in 2009 at the Dialysis unit 2 hours after receiving treatment using granuflo.

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