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Fresenius Dialysis Treatment Lawsuit

Background information on Fresenius Dialysis Treatment lawsuits, settlements and litigation updates published between 2012to 2017.

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Russell Maas

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Fresenius Dialysis Treatment Lawsuit Overview

The Fresenius dialysis litigation centered on allegations that the company’s widely used dialysis products, GranuFlo and NaturaLyte, caused sudden cardiac arrest and death among patients undergoing treatment.

Manufactured by Fresenius Medical Care, the products were designed to help manage acid levels in the blood, but they contained ingredients that could lead to dangerously high bicarbonate levels if not properly administered. Thousands of patients and families claimed that Fresenius failed to warn clinics and healthcare providers about these risks, despite having internal data showing elevated rates of cardiac complications.

Concerns intensified after a 2012 internal memo surfaced indicating that Fresenius had known for months that improper use of its dialysis concentrates was contributing to a spike in patient deaths. The company was accused of alerting its own dialysis centers while withholding the same safety warnings from competing facilities that also used its products. In response, the U.S. Food and Drug Administration issued a Class I recall—the agency’s most serious level—highlighting the potential for fatal outcomes.

The lawsuits were consolidated into multidistrict litigation (MDL No. 2428) in the District of Massachusetts, where plaintiffs pursued claims of negligence, failure to warn, and wrongful death. Fresenius ultimately agreed to a $250 million settlement in 2016 to resolve thousands of cases.

Fresenius Dialysis Litigation Updates

September 7, 2017: Fresenius Dialysis Defense Verdict Ends One of Final Granuflo Trials

A federal jury returned a defense verdict in one of the last remaining Fresenius Granuflo and Naturalyte lawsuits, finding the company not liable for a patient’s cardiac arrest following dialysis treatment. The decision came after years of litigation and thousands of claims alleging that Fresenius failed to warn of metabolic risks associated with its dialysate products.

August 16, 2016: Fresenius Agrees to Global Settlement of Granuflo and Naturalyte Lawsuits

Fresenius Medical Care reached a confidential settlement resolving thousands of lawsuits over its Granuflo and Naturalyte dialysis solutions. The agreement followed several years of multidistrict litigation, ending claims that the products caused sudden cardiac arrest due to undisclosed bicarbonate imbalances.

November 17, 2015: Bellwether Trials for Fresenius Dialysis Lawsuits Planned in MDL

The U.S. District Court overseeing the Fresenius Granuflo and Naturalyte MDL announced plans to select bellwether cases for early trial dates. The goal was to test key legal and medical issues before juries and encourage potential global resolution of the remaining claims.

April 15, 2015: Depositions Begin in Fresenius Granuflo Dialysis Litigation

Attorneys began deposing company executives and medical experts in preparation for upcoming bellwether trials. The depositions focused on internal Fresenius communications, including warnings allegedly issued to company clinics but not to outside providers.

September 15, 2014: More Than 2,000 Fresenius Dialysis Lawsuits Pending in Federal MDL

The number of lawsuits filed over Fresenius dialysis products rose to more than 2,000 nationwide, with cases centralized in the District of Massachusetts. Plaintiffs accused the company of concealing risks of cardiac arrest tied to the use of its dialysate products Granuflo and Naturalyte.

May 21, 2014: Federal Court Sets Granuflo Dialysate Lawsuit Trial Dates

Judge Douglas P. Woodlock scheduled a series of bellwether trials in the consolidated Fresenius Granuflo MDL. The cases were chosen to represent common claims and medical circumstances among plaintiffs who suffered cardiac arrest or death following dialysis treatment.

March 17, 2014: Fresenius Bellwether Trial Schedules Issued in MDL

The court issued its first scheduling order outlining the process for selecting representative cases to proceed to trial. Both parties were instructed to identify discovery priorities and coordinate expert testimony.

January 14, 2014: Bellwether Trial Proposals Submitted in Fresenius Litigation

Plaintiffs and defense counsel submitted competing proposals outlining which Granuflo and Naturalyte lawsuits should serve as bellwether trials. The selections were designed to test core issues about Fresenius’s failure to warn of potential bicarbonate overdose.

November 22, 2013: Identification Process Established for Granuflo and Naturalyte Claims

The court approved an identification and verification process to organize the growing number of lawsuits filed nationwide. The order required plaintiffs to submit detailed injury documentation to streamline pretrial discovery.

July 29, 2013: Master Complaint Filed Over Fresenius Dialysis Treatments

Plaintiffs filed a master complaint consolidating allegations that Fresenius failed to warn doctors and patients about the risks of elevated bicarbonate levels caused by Granuflo and Naturalyte products. The filing served as the central pleading document in the MDL.

June 20, 2013: Trial Selection in Fresenius Dialysis Cases Delayed

Judge Woodlock postponed the selection of early trial cases to allow additional time for discovery and settlement discussions. Attorneys on both sides agreed that further investigation was needed into Fresenius’s internal testing procedures.

March 21, 2013: Motions Addressed During Granuflo Dialysate Lawsuits Conference

The federal court held a motion hearing to address procedural disputes over discovery and expert evidence in the consolidated Fresenius litigation. The session advanced coordination among multiple law firms representing affected dialysis patients.

February 20, 2013: Fresenius Dialysis Lawyers Meet in MDL Coordination Conference

Plaintiffs’ attorneys and defense counsel met with the presiding judge to discuss case management strategies for the consolidated litigation. The conference covered deadlines for discovery, protective orders, and bellwether trial planning.

December 12, 2012: DaVita Named in Dialysis Lawsuits Over Granuflo and Naturalyte

Lawsuits expanded to include DaVita, another major dialysis provider, for allegedly using the Fresenius products linked to patient deaths. Plaintiffs accused both companies of failing to act on known warnings about cardiac risks during dialysis.

November 15, 2012: MDL Conference Held to Coordinate Fresenius Granuflo Cases

The MDL court convened its first formal status conference, addressing procedural orders and early discovery coordination. Attorneys reviewed Fresenius’s internal safety memos that triggered FDA scrutiny earlier that year.

August 14, 2012: Leadership Appointed in Fresenius Granuflo and Naturalyte MDL

Judge Woodlock appointed a team of plaintiffs’ attorneys to lead the coordinated federal litigation. The appointments established a structure for discovery, expert witness management, and global settlement discussions.

March 29, 2012: Federal MDL Formed for Fresenius Granuflo and Naturalyte Dialysis Lawsuits

The U.S. Judicial Panel on Multidistrict Litigation consolidated all federal Granuflo and Naturalyte cases in the District of Massachusetts. The move centralized pretrial proceedings to streamline management of the rapidly growing docket.

July 10, 2012: Fresenius Supports Creation of MDL for Dialysate Injury Lawsuits

Fresenius announced its support for the proposed MDL to coordinate litigation involving its dialysis products. The company stated that consolidation would promote efficiency and consistency in rulings.

March 29, 2012: Petition Filed to Centralize Fresenius Granuflo and Naturalyte Lawsuits

Plaintiffs filed a motion with the U.S. Judicial Panel on Multidistrict Litigation seeking to centralize all federal lawsuits over cardiac injury and death linked to Fresenius dialysis products. The petition cited common factual questions about inadequate safety warnings.

Fresenius Dialysis Research and Recalls

January 26, 2017: Granuflo and Naturalyte Lawsuit Filed Following Bacterial Contamination Recall

A Kentucky woman filed a lawsuit after suffering injuries allegedly caused by contaminated dialysis products recalled by Fresenius. The recall involved Naturalyte dialysate solutions that tested positive for bacterial contamination, raising renewed concerns about manufacturing oversight and patient safety.

March 12, 2015: Bacterial Contamination Found in Naturalyte Dialysate Solutions Prompts FDA Warning

Federal regulators announced a recall of certain lots of Fresenius’s Naturalyte dialysis concentrate after contamination was detected during quality testing. The recall followed multiple reports of adverse patient reactions linked to bacterial exposure.

June 17, 2014: Deaths and Injuries Reported From Recalled Naturalyte Dialysis Solution

The FDA disclosed reports of patient deaths and severe injuries tied to Fresenius Naturalyte solutions that had been recalled due to contamination concerns. Officials said the company’s corrective actions were under review to ensure safer manufacturing practices.

May 20, 2014: Naturalyte Recall Expanded Over Bicarbonate Concentrate Problems

Fresenius expanded its recall of Naturalyte Liquid Bicarbonate Concentrate after identifying additional affected lots distributed nationwide. The company warned dialysis centers to stop using the affected product to avoid serious metabolic complications.

April 11, 2014: Fresenius Issues Recall for Naturalyte Bicarbonate Dialysate Solutions

A recall was issued for certain lots of Fresenius Naturalyte Liquid Bicarbonate Concentrate due to contamination and labeling problems that could lead to improper dosing. The FDA classified the recall as Class I, its most serious level, due to the potential for fatal outcomes.

August 22, 2013: Peritoneal Dialysis Solution Recalled Due to Particulate Contamination

Fresenius Medical Care recalled its DIANEAL peritoneal dialysis solutions after discovering particulate matter that could enter patients’ bloodstreams during treatment. The FDA warned that exposure could lead to inflammation, embolism, or infection.

April 30, 2013: Fresenius Recalls Dialysis Machines Over Electrical Malfunctions

Fresenius initiated a recall of its 2008K2 dialysis machines due to potential electrical defects that could interrupt treatment or cause power loss mid-procedure. The company advised clinics to inspect and service affected units immediately.

November 19, 2012: FDA Issues Warning Letter to Fresenius Blood Bag Manufacturing Plant

Federal regulators issued a warning letter to a Fresenius manufacturing facility in Puerto Rico, citing quality control violations in the production of blood bags and medical components. The agency noted inadequate sterilization protocols and failure to document contamination risks.

October 3, 2012: FDA Investigates Fresenius Dialysis Clinics Over Patient Safety Concerns

An FDA inspection revealed lapses in reporting patient deaths and serious injuries linked to Fresenius dialysis products. The agency launched a broader review into company safety practices following numerous incidents of cardiac arrest among dialysis patients.

August 20, 2012: Fresenius Recalls Magnesium Sulfate Injection Products

Fresenius Kabi recalled multiple lots of magnesium sulfate injections after particulates were found in vials during routine inspection. The FDA warned that use of contaminated injections could cause tissue damage or embolic events in vulnerable patients.

August 3, 2012: Dialysis Clinic Shut Down Following Series of Patient Deaths

A Fresenius dialysis clinic in Pennsylvania was temporarily closed after several patients died under similar circumstances. Health investigators cited improper use of dialysate concentrates and ongoing deficiencies in staff training.

April 16, 2012: FDA Issues Warning Over Fresenius Dialysis Product Design

The FDA sent a warning letter to Fresenius identifying design flaws in its dialysis systems that could contribute to improper bicarbonate dosing. The agency demanded corrective actions to prevent further patient injuries linked to the company’s equipment.

March 29, 2012: Fresenius Recalls Granuflo and Naturalyte Dialysis Products Over Fatal Risks

Fresenius Medical Care announced a recall of its Granuflo and Naturalyte dialysate solutions after data revealed links to sudden cardiac arrest. The recall followed an internal company memo acknowledging dosing miscalculations that increased patient bicarbonate levels during dialysis.

February 27, 2012: Study Links Hemodialysis Dosing Errors to Increased Patient Risk

A review of dialysis treatment practices revealed that errors in bicarbonate dosing during hemodialysis could significantly increase the risk of cardiac arrest. The findings predated the later Granuflo and Naturalyte recalls, underscoring longstanding safety concerns.

Fresenius Dialysis Lawsuit Examples

October 4, 2012: Class Action Lawsuit Filed Over Fresenius Dialysis Treatments

A class action was filed against Fresenius Medical Care alleging that its Granuflo and Naturalyte dialysis solutions caused heart attacks and cardiac deaths. Plaintiffs accused the company of concealing information about bicarbonate dosing risks that led to fatal metabolic complications during hemodialysis.

August 10, 2012: Wrongful Death Lawsuit Filed After Hemodialysis Treatment at Fresenius Clinic

The family of a deceased patient filed a wrongful death claim, alleging that improper use of Fresenius dialysis products caused a fatal cardiac arrest. The lawsuit claimed that staff failed to follow safety warnings regarding the company’s dialysate formulas.

May 31, 2012: Lawsuits Filed Nationwide Over Heart Problems and Deaths Linked to Fresenius Dialysis

Multiple lawsuits were filed by dialysis patients and families who suffered heart attacks and sudden deaths allegedly caused by Granuflo and Naturalyte. The complaints cited internal company memos acknowledging that Fresenius had warned its own clinics about the risks months before alerting other providers.

April 17, 2012: DaVita Named in Class Action Over Granuflo and Naturalyte Dialysis Products

A class action lawsuit targeted DaVita HealthCare Partners, alleging the company used Fresenius-manufactured dialysate products that led to fatal cardiac complications. The filing claimed DaVita failed to adequately monitor patient bicarbonate levels during dialysis sessions.

March 27, 2012: Fresenius Hemodialysis Lawsuit Filed Over Heart Attack and Stroke

A dialysis patient filed suit against Fresenius, alleging that exposure to its Granuflo solution caused both a heart attack and a stroke. The case sought compensation for permanent cardiovascular injury and failure to warn claims under product liability law.

February 28, 2012: Wrongful Death Lawsuit Filed After Fatal Dialysis Treatment Using Granuflo Solution

The family of a deceased dialysis patient filed suit against Fresenius Medical Care, claiming that its Granuflo solution caused fatal cardiac arrest. The complaint alleged that the company failed to disclose known risks to hospitals and clinics outside its network.

February 6, 2012: Dialysis Malpractice Lawsuit Filed Over Patient Injury

A dialysis patient filed a medical malpractice lawsuit after suffering severe complications allegedly tied to bicarbonate dosing errors during hemodialysis. The lawsuit accused both the treating clinic and Fresenius of negligence in product use and supervision.

January 23, 2012: Granuflo Lawsuit Filed Over Fatal Cardiac Arrest During Dialysis

A wrongful death claim alleged that Fresenius’s Granuflo dialysate product caused cardiac arrest due to unregulated bicarbonate levels. The suit claimed the company distributed unsafe medical solutions without proper clinical warnings or dosage guidance.

January 12, 2012: Wrongful Death Lawsuit Filed Over Heart Attack During Hemodialysis

The family of a dialysis patient who died from cardiac arrest during treatment alleged that improper dosing with Fresenius dialysate solutions was to blame. The case was one of the earliest to raise questions about the company’s failure to alert regulators to patient deaths.

December 14, 2011: Lawsuit Filed Over Dialysis Death Linked to Fresenius Naturalyte and Granuflo

A wrongful death lawsuit alleged that Fresenius products caused fatal metabolic complications during dialysis treatment. The filing highlighted early internal warnings suggesting the company knew about risks but delayed informing healthcare providers.

November 30, 2011: Wrongful Death Lawsuit Filed Against Fresenius Over Granuflo Dialysis Treatment

A family filed a lawsuit after a relative died following dialysis with Fresenius’s Granuflo solution, claiming the product caused a fatal pH imbalance. The case accused the company of negligence, failure to warn, and defective product design.

November 15, 2011: Fresenius Sued Over Dangerous Drug Complications During Dialysis

An early lawsuit accused Fresenius of manufacturing unsafe dialysis drugs that contributed to a patient’s death. The claim served as a precursor to hundreds of later lawsuits consolidated into multidistrict litigation over Granuflo and Naturalyte.

1336 Comments

SAM
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.
Irene
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?
Bill
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!
Angiee
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
Arthur
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.
Joe
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.
Elle
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.
Laurie
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!
Joe
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.
Elizabeth
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.
Kim
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.
Jay
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.
Anthony
I think we need to inform the media and bring attention to the handling of this case
Elle
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.
Mary
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.
Laurie
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!
larry
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???
Joe
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,
Angiee
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.
elle
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
Arthur
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.
larry
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???
Elle
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
larry
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???
larry
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????
larry
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!!
larry
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!!
Michele
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.
RS
Joe when do you think this will be over with?
Joe
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.
Joe
“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.”
l
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???
Laurie
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!!!
Joe
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, )
Thomas
Atorney paralegal refused to give out any info except to say letters are going out in the mail next week
Tonya
Joe, how can we get in touch with a lawyer from MDL?
Shirley
Not only does attorney fees come out of the total $, but let’s not forget that IRS will want a cut. Like 25%? My dad’s life will have been worth a mere pittance after all the cuts are taken. In my heart, my dad’s life was priceless.
larry
Amanda, you might want to recheck on your settlement amount!! Several people have posted their attack rents estimated that you could get approx $700 a point!! If that is true, according to my math, that would be a gross of $87,500!! Now that’s just what I’ve heard!! Still haven’t been explained much bout the lien process- except told if your loved one passed away same day as cardiac arrest, shouldn’t be a big lien deduction!! Then attorney gets either 40% or 45%!! Been told both percentages!! To me one of the most frustrating parts of this case, other than the delays, of course, is the way these attorneys have kept their clients in the dark about almost everything( point totals, point explanation, lien explanation, lawyer’s %%%,reason for delays)!! The whole process has been screwed up from the start!! Every time you think it’s finally going to end- more delays!! And now I’m hearing a probate has to be set UP to receive your funds, which will cost several more weeks delays!! Every attorney should have sent their clients a letter, explaining all these important details!! Attorneys should never leave their client’s in the dark on any case- but that’s what most of them have done on this case!!! WHY?????
Ann
The 120 is before fees me n my brother will split the rest.. Probly will receive about 35 thousand… They killed my mom… And we get 35 thousand.. I don’t get it.. Thousands of people died and suffered from this.. How is this justification for what they have done!!!!! Moms dads.. I herd a 9 year old boy died from this.. Horrible terrible gross injustice!!!!! I’m disgusted!!!!
Grace
I have never seen so much lying in all days of my life. I spoke to my lawyer and they said don’t pay any attention to comments made online. So that tells me that they are saying on one knows anything but the attorneys and they are saying nothing.
Thomas
$120,000 would not be that bad but after the lawyer cut it will be more like $70,000 or so.
Amanda
So finally after begging I get amount of points but still no letter sent. After being told was in extrodnary case part got a whole 125 points. So will be lucky to end up with 5000 after lens and fees. They sure stuck it to everyone in this law suite.
larry
Yes, the administrator/ judge gave this incompetent attorney until May 29th as an absolutely final day to file his appeal- and have his paperwork filed!! No further delays, they said!!! Yet, then you hear courts have extended this deadline for the imcompetent lawyer to file his appeals and paperwork by June 25th??? Why ?? What next- incompetent attorney misses this deadline again- and courts give him a July 31 deadline!! This whole court case has been about incompetence- on just about anybody and everybody involved!! The MD L lawyers accepted a slap on the wrist settlement from a multi billion dollar company- and it’s been a nightmare- downhill, all the was since!! Now the courts continue to make clients/ litigants suffer by extending further delays in settling this long drawn out case!! Shame on this incompetent display!!!
Laurie
Ann, Did you get 175 points or higher and is that before or after the lawyer takes his percentage? If its before then its just not enough for losing our loves ones and even if its after its still NOT ENOUGH! This is the biggest heartache I have had since losing my mother. We have been used and abused by this corrupt system!
Denice
Ann, did your attorney tell you the point value of your case, Also is that $120,000.00 before or after the attorney fees, Thanks.
Laurie
Ann, Believe me I know how you feel! I lost my mother, who’s name was Ann by the way. She died on the way to the hospital which was only 1/2 mile away from dialysis unit. Im angry, frustrated, disgusted, so many words! If there was a way to make them realize what they have done but lets face facts, they do not care. Its just another tort case thats it. As long as our attorney’s get their 40% (no matter what) who cares? NO ONE CARES! No media has reported on this case since it started. I even tried to contact The Wall Street Journal reported that initial reported on this case. Guess what? No response. So there you go. No one cares. I pray God will judge them all when the time comes.
ann
so our lawyer said we should see payout in about 2 months.. he also said our offer should be around 120thousand.. u killed my mom she died 3 weeks before i got married!!! she missed her grandchildren!! and your telling me her life that was wrongly taken by u is only worth 120 thousand dollars?!?! i would work everyday the rest of my life to pay 120 thousand dollars to have her life back!!! what is your life worth mr ceo ?!?! what is your life worth judge lawyer??? i bet u would want your child to receive way more money then that if you where wrongly killed!!!!!! im so mad and upset im seriously thinking of calling the news!!!!!! #beyondwords
Laurie
Larry, We all feel the same way trust me but what can we do? Should we all ban together and protest this? Writing to congressmen, senators does no good. The media could care less. Our attorneys will come out on top but we will not and those few that didnt get their clients paperwork in should be in contempt of court and fined! It should not have held up the rest of these victims and their families settlements! WHAT CAN WE DO? Please someone tell me!
larry
Well, here we go again!! Judge and courts are stalling and delaying resolution of this case for another month, because of the incompetence of some attorney!! Because this attorney didn’t get proper info to courts( he’s only had years to do so) we, the clients, whose attorneys did get the needed info to courts on time, suffer again!! Its like these administrators, judges, attorneys, etc, just simply want to drag this ridiculous case on and on and on!! Several clients have never got any letters or calls from attorneys since the original opt in- opt out letters!! If you didn’t contact them – you got nothing- and usually got nothing, even when you did contact them!! This whole legal process has been a farce!! Thousands of people lost loved ones due to the incompetence and neglect of a billion dollar company- and then to add insult to injury, salt into the wound of losing your loved one, the administrators, judges, lawyers, etc, drag this case on for years and years and years, and just won’t let it end!! It wouldn’t surprise me if some people don’t have their funds from this case until 2019!! And then, you will prob get less than 50% of your settlement funds!! Fresenius got a slap on the wrist with a Beasley $250 million dollar settlement!! And, yet, the deceased victims families have to put up with years of setbacks and delays of getting some small scale of justice!! What a travesty!! Each family should have been paid a million dollars from Fresenius for causing their loved ones unnecessary unnecessary deaths!!
Laurie
I was told the end of Summer is when we should hear about the settlement money
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