Fresenius Dialysis Treatment Lawsuit
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.
1,318 comments
Amen,
I can finally put my brother to rest since 2010 when he died while receiving Granuflo dialysis. He was my only sibling and my only immediate family I had, both our parents are gone. I will never forgive this Company for killing my brother. I am so sorry to everyone here for all the HELL they put us through to get this slap in the face by this ROTTEN COMPANY!! Should have my check by the end of next week!! at this point I am just glad we are done.
ALso would personally thank Joe (or what ever your name is for all the correct info) during this I was very greatful to have a parraleagal on my side and would give me at least an update month. And for all those people who doubted Joe you were wrong becuase he was pretty much spot on what my Law Firm was telling me.
So on a final note good luck to all of you. Hope everyone can move on from this. And just remember and love our LOVED ONS!!
I’m curious if those of you who have received a projected amount and have been told that checks will be issued towards the end of the month, if your attorneys have mentioned or sent anything stating that you cannot go after them for legal malpractice or not. I mean legally can they withhold your check if you refuse to sign something like that? I honestly believe everyone who had HB&S representing them should consider it. Surely I’m not the only one they’ve failed to keep informed, terminated their Davita case without informing them of doing so and failed to even request records from medical institutions providing treatment. Also how many of you received your point letter 6 months AFTER it was sent to your attorney? They’ve completely taken away any chance I could’ve possibly had to appeal the points decision, considering that had to have been done within two weeks of receiving the letter. So to say that some of us were shafted in this whole ordeal is an understatement. I’m beyond disgusted with how this has turned out. A few thousand dollars will never make up for what they’ve all done.
Did your attorney tell you the dollar value for each point? If so, would you share that with us?
250,000,000 x 0.03 = 7,500,000
Annual interest
Kevin, is that the interest that they have earned the settlement money that has been sitting there for a few years? Who gets that money? That is a lot of money. So many things not right about this whole thing. Big Pharma companies pay off people to get this low settlement. Yes they say we lost the first 2 cases but both patients had heart issues already and were non compliant. My mom had no heart issues. Even had heart checked before we took her off the ventilator. Why didn’t these types of cases get a chance in court? They sold us out is why. I wouldn’t ever take any amount of money if I could just have my mom back. God bless all.
After waiting 6 years for this to finally be over the lawyer calls me today and says I have to open and estate for my mother in which I do not live in that state. Why didn’t they tell us this 6 months ago? My mother had nothing at all, so we never did an estate. All I got was the debt that was left and the funeral to pay for. So be warned if you don’t have an estate you will need to get one ASAP. I am sure I am got to have to pay an attorney to do this also. Ugh
Marie – I had to do the same for my mother but my attorney told me this very early on in the process. She had nothing also so I never did. This will be paid out of my settlement of course.
Kevin – if you read back there were statements made about interest on the settlement money. If there is interest it goes into a special fund.
Cynthia – Base = $706.14 EIF = $699.18
Is there anyone on here that has not received there $1500 check ? I was told I would receive mine months ago. I never received anything. No letter or anything . Is there anyone else on here that did not receive the $1500 check. My lawyer told me over the phone that’s what I was receiving. I never received anything . No letter stating that’s what I was supposed to be receiving or anything from any administrator or anyone, I am confused. I was wondering if anyone on here only got verification over the phone or emal and did not actually receive a certified letter.
1st has anyone even received a payout yet.
2nd i never even recived a letter about my points. When i spoke to my attorney’s paralegal. She told me the case amount we would receive and said looking like it would head into the beginning of 2019 before recive funds. This whole ordeal has just been a mess from the jump. I am so ready to get it over with and behind me.
This is the biggest unjust to all of us what a scam.
I feel like my attorney had 6 years to tell me that I needed to set up an estate to receive a settlement. What the heck does he get a third of the money for? He said he couldn’t have me do this until they knew if I got a settlement or not, but that was about at least a year ago they knew. I just can’t take anymore hiring lawyers and dealing with this stuff all the time. I feel so not represented, when we should have been. My moms life was worth way, way more than what this is worth and the stress is just not worth it to me anymore. Maybe they can donate the money to research?
My settlement is pending due to a lien on it from the State of Massachusetts. They want 3 X’s what my settlement is. Since my mother was on Medicare. With paying the attorney and all the other fees. I will end up with practically nothing. Got shafted from all directions now. There is no justice in all of this at all!
Laurie- I had a feeling that Medicare was going to come after the settlement which is barely anything to begin with. I have not set up my estate yet for my mother. Makes me wonder if it’s even worth it. I will h e to pay an attorney to just hand it over to Medicare. Per my lawyer he will not get paid if I do not set up the estate. He told me we would figure it out. I no longer live in the state my mom passed away in and I am on dialysis PD at home. Makes it hard to travel. My mom was also on medicare. I just don’t get why we didn’t receive the money for pain and suffering so they couldn’t take it from us? How does someone who isn’t alive receive money from someone causing them to die? Lawyers should have protected us better. Only person getting anything is the lawyers.
We got our granuflo check this past wednesday. It was a 6 figure check before lawyer probate and divided between 7 siblings. Went down to 4 figure check each. It’s all over folks.
Did anyone else receive a check. I can’t wait to receive my check and put this whole thing behind me it’s been a long unjust Road.
Ok, I received my settlement statement today…. Gross total award: $99,176.67. Now I knew when we signed with the attorneys, they made us aware of the 45% fees. However, it is broke into 3 sub deductions: I)Attorneys fees (anyone know what COMMON BENEFIT FEES & COSTS are?) II) Litigation fees… between these 2 it is over 50% deduction. Then, III) Medicare lien and Less Providio Lien Resolution & QSF Fee…. so, bottom line… we get approx 45%, then divide it by the 5 of us. Just another insult to add to list from the murder of my father.
My mom was killed by this medicine in 2010 ive been waiting since 2014 to see whats gonna happen i still haven’t received my payment yet i have 2 brothers and 2 sisters were still grieving over our mother i just want justice they say its coming but when tho my lawyer is hard to get in contact with i call and leave message no response its really terrible
my sister filed this suit and I’m lost on this does n e one know a # I can contact to find sumthing out plzzzz n e body my sister is tell n me and my siblings nothing at this time just keeps say n she hasn’t heard from attorney does n e one know what we could do thanks very much
Still have not heard anything, Was told maybe November or December, Depends on Medicare lien so yeah Dawn might get 45% if anything. Or nothing. All this time and we end up paying attorneys and the state only. Nothing to show for our dead loved ones. TRAVESTY
Can anyone tell me anything my lawyer doesnt redpond to me i need to know when will i receive my payment my sister’s and brothers payments does anyone know lauren burnes shes the Attorney i need her to get ahold of me plz
Joe can u tell me why my lawyer dosent call me back her name is lauren burns i call her to see whats going on i get no response i need to know my payment amount she told me but i need to know if its true or not and when will it be sent
Samantha,
If you have a phone number for that attorney you should call and if you leave a message tell that attorney you will report her to the State Bar Association if she does not return your call. Threaten if you have to! You deserve to have answers.
My sister says she’s do n all she can and no one wants to help her no call backs from attorney n month can n e one give us sum info on what she can do thanks
Joe just found out we r 1500$ family our mom died on machine from this waz proving fact I want to know how to file malpractice suit on the firm we had could u plzzzz help me thank sooo much
I don’t think some realize Joe hasn’t been on here since August . So your attorney is responsible to answer any and all questions
Received a settlement statement in the mail today along with a check. After about $80,000 in fees, the amount was a little more than$79,000. Seems that you can put a price on a life. This has been emotionally exhausting. I hope everyone sees results soon.
Yes Angie seems like it. After the lien from Medicare, attorney fees, Providio fees, etc. I will be lucky to see 34 or 40% of my original settlement amount. Its over for me after 6 long years. This was a sham and travesty for sure.
Sorry,I have not been on here in a while. If you want to sue your lawyer for legal malpractice unfortunately I don’t have any direct numbers to give out. I am involved in my own lawsuit against my attorney. Unfortunately,I cannot go into details because I do not want to jeopardize my case. Your best bet however would be to put in Google search (I want to sue my lawyer) You will get a bunch of advertisement about lawyers that practice in that field. Try calling one of those law firms. Trying to get a hold of epiq systems Is nearly impossible and even if you were able to get a hold of them trying to get any type of response from them is nearly impossible Epiq Systems believe any requests are frivolous. So in my opinion Epiq Systems may be part of the problem. They may need a lawsuit brought against them. As for the Davita lawsuit involving Granuflo. those cases look like they involved
Learned Intermediary Doctrine. Which basically means Fresenius warned the doctors of the risks and they were supposed to pass that warning on to the patients which they never did. those people passed away after December 31, 2012. It is a small handful of people not the majority. So I see no malpractice Lawsuit against a lawyer for not explaining things to you about that. Anyway here’s a small update not exactly sure what this is involving.
Thursday, October 18, 2018
1994 notice Notice of Hearing Thu 4:04 PM
NOTICE OF HEARING: Status Hearing regarding cases involving Attorney Michael Hugo is SCHEDULED for 10/31/2018 at 11:00 a.m. in Courtroom 1 before Judge Douglas P. Woodlock. (Beatty, Barbara)
I really have no idea what this hearing is involved in. Good luck and I hope the people that are Suing their lawyers Will be successful and win.
Has everyone already recived their checks?
No not yet. Waiting on how much the fees will be for Providio. Excrutiating process and I just want this over with. I am so done and disgusted.
Does anyone know if there was money left over in the settlement where there was $25,000,000 left over to reimburse the attorneys 7% . My attorney said they were paying out 7% of the (40%) they charged me. Did anyone’s attorneys not charge the 7%.
I received a settlement letter but I can’t even get in touch with my attorney office for any explanation of the breakdown. The medicare lien was a ridiculous amount, I’m not sure what that covered and there’s a 11% common assessment fee to the attorney that is just as astronomical. Out of the gross. We are ending up with 30% to be split 3 ways. Where is the justice? whole thing is a shame. Out of a six figure payment we the family end up with a three figure settlement!! Why would a judge even allow this? The lawyers were obviously all out for themselves!!
Been told my settlement statement will be sent out soon and should have a check in about 10 days. I will believe it when I see it!!! Attorney got MUCH more than I did for sure. I am disgusted.
I have been told that the end is “imminent” by my attorney and should have everything done in 10 days. Check in hand I hope but the way things go I do not count on that. My Attorney will be getting much more than me. Strange I am the client and he gets more. It has been a learning experience and one I will never do again. Victims never get justice!
Wednesday, October 31, 2018
1997 minutes Hearing – Other Fri 4:01 PM
Clerk’s Notes for Status Hearing held before Judge Douglas P. Woodlock: Court addresses cases involving former attorney Michael Hugo with counsel. Defendants to file motions to reopen and set aside stipulations of dismissals as appropriate in four cases (Dorn, Brooks, Weathers, Rardin). Further evaluation of Stipulations of Dismissal, already on file and ones to be filed, conducted by defendants counsel and, as necessary, will undertake appropriate action to rectify any discrepancies. Court willing to accept Notices of Appearance nunc pro tunc to clarify the appropriate parties for executed Stipulations of Dismissal. Counsel provides updates on the status of case(s) in Mississippi, California and Louisiana. Court to sschedule conferences in two cases transferred into the MDL this year, 18cv11224 and 18cv12231 Defendants counsel to report back to the Court with possible conference dates by 11/9/2018.
Now my attorney says my settlement was not in this “wave” from Providio. I can not take anymore of this BS!! The stress is too much! What is it going to take to end this horror?????
Does everyone have MDL fees as part of you settlement? I have 3 legal forms listed, is this the same for all. And mine is in an estate, which I now have to proceed with settling, could have been advised early on. Anything else. I don’t know what to say George since everything is hushed we don’t have a clear diagram of how this works and I assualmost everyone’s first experience?!
Some have no MDL fees!! Some have varying percentages? ??? My attorneys are part of the steering committee, which were party to designing the settlement agreement, and have received the percentage of the allotted court agreed fo MDL fee which is taken from the total amount of the settlement and now seems to also be added to our individual client attorney agreements in varying amounts which seem unsubstantiated. The only answer seems to inquire about it directly to each of our lawyers… anything more known or to add?
There is no justice. We have been at this for how long now? Five or so years, I’ve lost count. My attorney just sent a settlement statement. Our family was awarded a six figure and change settlement. Between the attorney group, and Medicare, we end up with three figures each. I can’t believe this rip off. And there’s still a wait for the check. Where is that??
Question? Has anyone received billing for MDL fees? Is this a part of the fee structure? I thought the attorneys received a large fee settlement for their work from the overall settlement? Seems the billing includes quite a few items that are questionable
My husband died a undignified death from negligence of Davita causing blood clot in fistula and delaying temporary catheter. It was a malfunction blew up like 2 water fountains of blood. The problem the sorry ass lobbyist in louisiana you can only sue up to 100 gran. Yep Louisiana is at the bottom of the list. Though My voice will be heard in Washington and Louisiana. Taking on justice solo for Steven Kitts Lake Charles, LA
Has anyone NOT gotten their settlements yet?
We haven’t received anything. Not even a letter to inform us of what is going on in over 2 years. Don’t even know which category our loved one qualified for.
I don’t understand the reasoning for the lack of communication.
I yet to receive mine or any information that doesn’t include the phrase “I’m sorry I wasn’t working your case when that happened” or “we have no new updates at this time”. I’ve contacted both Providio, who will not answer questions unless they’re coming from the attorneys and CMS of course won’t provide me with any information either since my father passed without a POA.
My father would’ve spent every dime of his settlement holding these attorneys accountable for their action, or shall I say lack of, which is what I intend to do. They’ve done nothing but prey on us.
Case 1:13-md-02428-DPW Document 2001 Filed 12/04/18 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
______________________________
)
IN RE: FRESENIUS GRANUFLO/ )
NATURALYTE DIALYSATE PRODUCTS )
LIABILITY LITIGATION ) MDL No. 13-02428-DPW
)
______________________________)
CASE MANAGEMENT ORDER 21 (DEEMING SETTLEMENT-RELATED
STIPULATIONS OF DISMISSAL TO BE NOTICES OF APPEARANCE)
December 4, 2018
Upon consideration of the parties’ joint motion for a
settlement-related case management order (Document No. 2000), the
Court finds as follows:
The Plaintiffs’ Executive Committee (PEC) and Fresenius
have moved this Court to enter a case management order to assist
in the efficient resolution of those cases electing to
participate in the global settlement program, in which the
plaintiff counsel signing the settlement-related Stipulation of
Dismissal never entered an appearance in the MDL.
As explained by the parties, in connection with their
election to opt in to the global settlement program, counsel for
claimants executed signed Stipulations of Dismissal with
Prejudice (“Stipulation”), which Fresenius has held in escrow,
Case 1:13-md-02428-DPW Document 2001 Filed 12/04/18 Page 2 of 4
to be filed with this Court upon notification by the settlement
Claims Administrator of the disposition of the settlement claim
or the failure of an opt-in plaintiff to submit a claim for
consideration under the global settlement program. Beginning in
April 2018 and through October 2018, Fresenius has been notified
of the resolution of claims and starting in about May 2018, began
to file Stipulations. Additional claims will be distributed in
the coming months, at which time those escrowed Stipulations will
be ripe for filing.
It has come to the attention of the parties and the Court
that, in some instances, counsel signing such Stipulations never
entered an appearance in the MDL.
Based upon the representations set forth in the parties’
motion and for reasons discussed with the parties during the
October 31, 2018 status conference, the Court agrees to the
procedure proposed by the parties and finds that this procedure
will most efficiently allow for the termination of cases when
the time is ripe for doing so. The procedure will also provide
a means by which the Court may exercise jurisdiction and
authority over counsel signing the Stipulations, if such
counsel’s participation may be required in connection with any
issues concerning their settlement program cases.
2
Case 1:13-md-02428-DPW Document 2001 Filed 12/04/18 Page 3 of 4
Accordingly, it is hereby ORDERED
That, for all settlement program cases, the filing of the
Stipulation of Dismissal with Prejudice shall also constitute a
Notice of Appearance for counsel for plaintiff signing the
Stipulation where counsel does not already have an appearance on
file.
And it is further ORDERED that:
1. Plaintiff counsel’s appearance shall be effective as
of the time the Stipulation was presented to the Plaintiffs’
Settlement Committee in connection with the settlement opt-in
process;
2. The appearance shall run to the individual plaintiff’s
counsel signing the Stipulation, whether or not counsel has
since transitioned from the law firm of record for the settling
plaintiff; and
3. The Clerk’s office shall deem as docketed a Notice of
Appearance for the counsel signing the Stipulation in order to
accept and enter onto the docket the Stipulation of Dismissal
with Prejudice tendered by Fresenius and enter a final judgment
in the case. All other appearances entered in the matter on
behalf of the plaintiff shall remain effective absent a Notice
of Withdrawal filed in accordance with L.R. 83.5.3 or with leave
of court.
3
Case 1:13-md-02428-DPW Document 2001 Filed 12/04/18 Page 4 of 4
Nothing in this Order shall excuse counsel from the
responsibility to keep current their contact information,
including mailing address, firm name or affiliation, e-mail
address and telephone number, to ensure proper notification of
filings, proceedings and other Court events.
/s/ Douglas P. Woodlock_________
DOUGLAS P. WOODLOCK
UNITED STATES DISTRICT JUDGE
4
Does it seem that the law firm in this case just figured that since they could be assured of a lot of money just by accepting the offer by Fresenius and doing no more really then filing paperwork for the claimants and collecting 40-45% plus fees . That we all got pretty much screwed over and didn’t have anyone truly fighting for us and our loved ones ?
es I received my check in October…….It was a decent amount…… I am glad it is over.
Yes I have made several comments regarding their low level energy.. has anyone received billing for MDL fees? And what did Joe post?
YES absolutely to Ron!!!
Being charged MDL Cost & Fees? Anyone else? What is the difference between Cost & Fees? Anyone? My attorney will not answer me.
Yes the MDL fees are 11% .. paid 4% by each plaintiffs n 7% by law firms.. and then a
Common benefit fee paid by all clients to their attorneys, the firms administration costs and finally the % of ur agreement 33-40%… certainly enough.. the MDL fees r paid to the steering committee firms. And it’s a lot