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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

Debi
Wow Chelsea you are very lucky to have some closure in this I thought of getting a attorney in my state, wandering if I still can or is the statue up for that? Also does anyone know why it’s now September we are waiting till?
or
I used an attorney in my state as well, because my mother-n-law was also a patient at this fresenius clinic and she passed away,having heart attacks after the other on the dialysis machine until it took her out and this lawsuit we haven’t heard anything or even been contacted about anything………is this case for real ? or a joke
s
This case is a joke. My mom’s attorney isn’t offering any information other than she should hear something in September. She is now making herself sick blaming herself for my dad’s death. How can you ruin countless lives and pay them off with peanuts. It’s just extremely sad.
CHELSEA
I found a lawyer in my state. I didn’t go through the class action attorney’s found on television. I received a letter back in February 2016 about the opt in and out date that was supposed to be in July. I then received a letter in July 2016 stating that I will get $600,000. I had to go to court 2 weeks ago from today’s date to sign paperwork and after all my mom’s medical bills and Medicare has been paid I was left with $200,000. Justt to give you all some hope all bills your love ones had has to be paid first plus the attorney fees, and any siblings that is still living that get 20% as well. We still have until September I think around the 15th to opt-in or opt-out of the settlement offer and my attorney said I should have my check by the beginning of October. I told my attorney I thought it was weird that no one else on this Blog has got any settlement offers and he stated when you find attorneys off of Television they go through Millions (figure of speech) of clients just to get to your one case. I hope and pray we all find closure sooner than we think I also hope and pray they raise the amount because 250 million is just not enough for medicine killing our loved ones. Has anyone else received a settlement offer or am I alone????
Josh
I’m totally confused by this whole process. First, they kicked me out claiming “we dont have enough proof about your mom and when she took it..blah blah blah”. Then, i get a letter about 6-9 months later, stating that the judges extended the parameters of the case and necessary info/etc, and that we could qualify for a settlement, and to go forward with them. I did, and now they’re claiming we could still get booted/denied from this whole thing, which has been a huge f&^%$ waste of time IMO. What was the point of sending me the new info and asking me to reapply if they were going to kick folks out for not having the proper info?
Sue
reply to Kim…am I understanding that you received a letter from your attorney…that you needed to sign because….your case did NOT meet the criteria to be included in the settlement?
J.
My Father died 2009 while on dialysis at fresenius and it time us all to get payed it seems like all the Attorneys done got together and on their sides so we all going have to come together and get this done it been to long. May God bless all.
Kim
My attorney said I could not hope to win on that stance “years patient suffered.” It is based on three factors: 1. Use of Granuflo, 2. Died within 24 hours. 3. Died from cardiac arrest. My mom passed away in her sleep 30 to 44 hours after last treatment from cardiac arrest. She suffered years from having too much bicarbonate in her system. You cannot tell me that it doesn’t continue to affect you after 24 hours. I was made to sign a form stating I’m done with case. That was so heartbreaking. This whole situation sucks.
Edtrina
I’m lost cause I haven’t recieved a letter are anything so I have talked to my lawyer and he’s still waiting for updates I think it’s not right for people to tag along through this process and might not even get anything I would love to know what is going on with my case I haven’t been notified on anything I’m ready to move and get on with my life but because of this process I’m at a complete stand still…. I want justice for my mom she developed congested heart faliure from diaylsis later found out she had cancer couldn’t get the strong dose of chemo because her heart was too weak my mom fought a good fight but she passed in May of 2014 I need answers!!!!!
tessa
So can someone still do the lawsuit if davita patient passed Feb 2014 from cardiac arrest at davita clinic.how long before statue of limitations?
Mary
I am new to your posts. I want to thank everyone for sharing your stories and comments. Husband died while on dialysis of cardiac arrest in 2011. He had two other heart attacks which ended up in surgery during 2008 to 2011. Prior to 2008 drs always said he had a strong heart. He had been on dialysis since 2006. All during that time, he was on this deadly combination of Fresenius products until it finally killed him. None of the Nephrologists knew of this product and what it could do until 2012 as we all know. I was not aware we now have to wait until September now. Yes, lets keep each other informed please. God Bless all of you
Tracy
Thanks Arthur. My attorney isnt saying too much. They dont have too much longer to keep us in the dark on this issue.
Cookie
Has everyone been told it will be September before we know anything
Arthur
Carla they are probably worth more than that. I think the 16.7 Billion is what they grossed last year. They are the largest Dialysis company in the world. Second is Davita . When all this was going on in 2012 Fresenius didn’t mention to Davita about the problems they were having or about FDA Class 1 Recall. Davita was using Fresenius products of Granuflo and Electrolyte. If you google Son Contends Medication Killed Father, it’s a newspaper story written about My Father’s death with Fresenius Medical Care. It’s a good story written 2 years ago. My Attorneys weren’t pleased with the story, because they are trying to keep it out of the media mainstream.
Carla
16.7 billion is what that company worth 250M fir thousands of plaintiffs is a joke, every time, I think they had something to do with my mother’s sudden death – become riddled with anger, so was NoT ready to die she was fighting for her life while stroking my whole family has been rip apart , it has been devastating- I want to see them pay – if I’m one of 97% I will opt “out” this a joke , we are. Talking bout human lives tears in Boston
Carla
16.7 billion is what that company worth 250M fir thousands of plaintiffs is a joke, every time, I think they had something to do with my mother’s sudden death – become riddled with anger, so was NoT ready to die she was fighting for her life while stroking my whole family has been rip apart , it has been devastating- I want to see them pay – if I’m one of 97% I will opt “out” this a joke , we are. Talking bout human lives tears in Boston
Pauline
My last correspondence 2/25/2016 and I have not heard anything. I lost .my husband 2010. I’m waiting patiently I am so glad I spent time trying to find this site. I have been feeling alone
Arthur
Tracy it’s been extended till September 15 of 2016. Until then we won’t know much. Once the 3 criterias are met. You are put on a list and I think a final review board and then you should get your settlement letter to opt in or out.
Tracy
Hello. Has anybody talked with thier attorney? This blog is too quiet. Let’s make some noise snd share what we know with each other. This is July and things are suspose to be coming to an end right?
Tae
I do not understand why the attorneys are not giving us all the necessary information. Our father passed back in 2009. And we are still waiting for information. What are the new guidelines for the case now?.. What has changed since the beginning of this mdl?.
Stande
‘@Tee…you can file as a sibling as executor or administrator entitlement, I have. There is my natural surviving brother and step father (spouse) married to my mother when her death occurred. And I filed the suit, I am her eldest son. So yes a natural or “blood” sibling may file but all living direct descendants will be included in any award and it will be distributed according to state probate laws unless break down of payout was otherwise privately agreed upon by surviving members differently before final decision.
Tracy
Colton, yes I did. He told me that they was behind. He said that they are waiting on some type of papers.We still have til july to agree and he doesn’t see how that’s going to be possible considering they havent submitted any papers. He did tell me that cases was being dismissed for different reasons.
Deb
just got word from my attorney, opt in has been extended to 9-15.
Colten
Tracy were you able to reach your attorney today? I am curious as well since i have not recieved another letter yet,
Tracy
What did your letter say? I havent heard anything from my attorney. Im calling him Friday.
Shan
Still waiting on this end. Got a letter in the mail but no form to opt in or out,. Just waiting. Hopefully July
Isha
My prayers are with every family that loss a family member due to the complications of dialysis. I don’t think that it is fair how they are doing this settlement. What they fail to realize dialysis takes a toll on the body. My mother did not have any heart condition before she was put on dialysis. Soon as she started dialysis my family could see a decline in her health. Every month or two months she would be admitted to the hospital after dialysis due to a stroke or her potassium was to low. It was always something. I wish everyone the best.
jay
What do you mean by very concern
stanley
very concern
jay
No you can’t
jay
No the husband of the injured party is the only one that has the right to file next in line would be the children of the injured party and the monies would be split evenly between the children but if husband is still living nothing the children can do.
Tee
Can one sibling file a claim without including all the siblings and husband?
Kim
It went from 48 hours to 24 hours because it was proven by scientists that your levels went back to normal after 24 hours. I disagree. My mom was bombarded treatment after treatment and in the end her organs could not take it anymore. Very much one-sided here if you know what I mean.
Jay
My lawyer said they were going threw cases to see what cases fit the qualifying criteria for settlement.They said that many of there clients would not fit the criteria for a settlement offer and at that piont they would dismiss the case and they could continue the lawsuit with another lawyer or yourself.hopefully we qualify..
Deb
My attorney said had to show 1) cardiac arrest, 2) within 24hrs and 3)proof of use of the product. My husband was exactly 24 hrs. so they are getting ambulance records. They said that we should know by mid June and decisions made by July 15th.
William
My mother had 3 dc ifferent heart attacks on 3 seperate dates last ome resulted in death with the tubes still in her mouth sad thing about it she was inly on dyalisis 19 days and did a tital of 9 treat mrnts 6 that were done at the regional hosptsil and three at davita were the uo graded her dosage from standard to 39 each time she was on dsvits machene she be came unresponsive 3rd one was th o strong and my moms heart coukd not takr it
Tracy
Has anybody heard from thier attorney? It’s June and we have til July to sign the papers, right? If so what did he or she say?
Niecy
Why is there a 24 hour time frame? Initially we were told 48 hours after treatment (dialysis).
Cassandra
I am sure they are going to take your case under consideration “R”, but I disagree that you should get more than people who have lost loved ones, including me. I lost my dad. He was barely over 50. I guarantee he would take your place anyday to see his grand kids ( 2 whom he had never got to meet). Now my mom struggles to pay her bills without my dads disability checks. I have empathy for you, as I watched my dad have issues for years on dialysis. I wish you well.
R
My second clinic treatment was 12/24/11. The medicine that was suspose to help me ended up stopping my heart. I was 25 at the time. It was 2 weeks ti the day after my birth day. To everyone who lost a family member due to this chemical i am sorry for your lost. I dont think 250m is enough to comp. gor the lost that we all share. When i say this i dont mean to offend anyone but they need to pay more to ppl who survived this. I was 25 now i am 30 and have a 1 1/2 yo son and a wife to take care of. I deal with constant chest pain and now suffer with ptsd. I am currently still on dialysis and in constant fear that something like will happen to me again. I dont kno what to do i just want to provide for my family incase GOD fobid that something would happen to me.
Kim
I cannot believe that my case was dismissed because it came down to 30 to 44 hours NOT the 24 they are allowing after dialysis. I hate to say this but if we did not push our mom to get out of bed that morning it would have been a lot less than 24 hours after. The letter of the freakin law. sucks so bad.
Debbie
As far as age goes, my mom Died in 2011 within an hr after treatment. She was 83 & being poisoned in dialysis for yrs. She suffered terribly. Spoke to our attorney recently, & nothing was ever mentioned about the age factor. What an INSULT to even consider excluding anyone due to age! What…does that mean they didnt SUFFER? In reality, as we age our lives become MORE precious as the yrs wind down. Then you really must live each day to its fullest!! Lincoln said “In the end its not the yrs in your life that count, its the life in your yrs.” Fresenius stole LIFE from us…thats how i see it. (the amt they offer is an insult also) Good luck & God Bless All☀
Birdie
No amount of money would ever justify these brutal MURDERS and the life long harm passed on to the dialysis patients (victims) who are still alive. My mother passed away in 2009. Even though, it hardly matters, I was in my mid twenties when she passed. However, my baby sister was only five years old. Words cannot begin to express the heartbreak that I felt for her. My own personal grief didn’t compare to the grief that I felt for my baby sis! At one point I thought that I’d die from it! Our mom ended up passing in the hospital. She dialyized and that caused cardic arrest. I had her resuscitated and we continued with dialysis. She coded again!!! We dif Mr know that the dialysis treatment was causing the cardiac arrest!!! Many times I blamed myself for her death, especially when I made the choice to take her off of life support. These MURDERS should damn well be ashamed of themselves!!! I thank my FATHER in heaven that I decided that I would be ok with whatever verdict came to pass. HE is my justifier and HIS wrath will be un-escapeable from those that will reap it! I had to move on for my sister and for my own sanity. May FATHER bless all that lost loved ones and may he bless those that are still living with the irreversible damage done.
Widow
They took my husband from me and my children father and our lives has been downhill every since. I awoke one morning with no clue that I would end my day a single widowed mother and no amount of money will bring me or my children peace my now 12 year old has to grow up without his father. Our only daughter will never experience her father walking her down the aisle. So settling for less is not something I’m willing to do because my husbands life was priceless to me no amount will fill our void but I will not allow them to penny pinch us
Kim
Arthur, my mom was 79. My lawyer did not mention age as why we are not eligible. Only that it was over 24 hours since treatment that she passed. I cannot agree with this at all. My mother was not feeling well, dizzy and didn’t want to eat. This is pretty typical of how she is after dialysis so we weren’t too worried. IF we had known of the bicarbonate issue, we WOULD have taken her to get checked out. How guilty do you think we feel?! The amount of the settlement, only getting one bellwether listed to, just doesn’t seem right. Not fair to the common man.
Tracy
Hello everyone. To my knowledge they are now trying to exclude a lot of plantiffs(our attorney). They are telling a lot of people that they no longer qualify for the settlement because of different reasons..So that 10,000+ that thought they had a case, now is being told that they have no case!! Wow! To wait this long and now this. So your case will be worth more than $25,000 if they keep throwing people out of the settlement.
Arthur
I am curious with all these criteria’s they are using to eliminate cases from 12,000 to how many at the end? What number are they trying to reach to make it more attainable for the plaintiffs to come to a more amicable agreement. There is one question My Attorney’s have yet to answer if their is an age requirement in all this . If the people are over 70-80 will they be taken out of the equation. If anyone has heard about this or if it’s an issue please comment. Many of you who have commented the deaths have occurred in the 50’s to 60’s range. I know My Attorney are pushing for us to accept the offer, like if they don’t want to try anymore. Seems odd.
Kim
Wss told im out of the suit because one of the criteria is it had to be within 24 hours from time taken off machine. All the info says 48 hours, but a scientific study was done showing after 24 hours you are back to normal levels. My mom died 30 to 44 hours after treatment. If we had taken her to hospital, if we had,known that her symptoms were more serious had we been warned, maybe we would be on the injury side of this mdl, not the dead side. This whole thing is not right. Who is getting paid off?!
Crystal
My mother died at the age of 49! $250,000,000 is nothing when you have to divide it amongst at least 12,000 people. My mother was our world. These killers should be offering at least $250,000,000,000,000
Cassandra
My dad died at age 52. He was too young to die. Because of this crap. He never got to meet some of his grandbabies because of Fresenius 250 million is not enough. This is BS. These are lives they took. Not pieces of paper.
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