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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

Anthony
I received a letter from my lawyer saying my case is at the Lien Administrator once they clear it my lawyer will be getting a check and my lawyer will send me a check
Tonya
Does anyone think we will be paid by July 15 th there r 5 siblings in this one case we all signed paperwork they r talking with my sister us other 4 r get n no info how does that work do we split our total or what plzz sum1 let me know thanks
???
Golomb&Honik Is doing the same thing. Unfortunately the judge will never be notified of this.
Joe
I told everyone there are some crooked ass lawyers out there. Some did not inform there clients of the determination by the claims administrator they also gave the claimants no option to appeal. Which is fraudulent. Some did not even submit the supporting documents that they said they did submit. The judge is now aware of the nine cases. Little does he know there are more than those nine. I recommend calling another law firm. Or try to get in touch with the lead lawyers for this MDL. Here’s part of the Judges order that just came out June 11, 2018 Upon review of the Report of the Special Master docketed [Dkt. No. 1991] in this proceeding and in order to bring the claims processing effort to a timely conclusion, it is hereby ORDERED that on or before June 25, 2018: Plaintiffs’ counsel in each of the nine cases referenced in the heading above, Herbert Lee, Jr., shall submit under Oath: 1. A report separately docketed in each such case regarding the Plaintiffs’ intentions with respect to appeal of the settlement determination and the ground(s) justifying any further action, if such further action is sought, and 2. A separate affirmation from Attorney Lee separately docketed in each such case that he has informed each of the Plaintiffs of the circumstances recited in Paragraphs 4 and 6 of the Report of the Special Master and has provided each such client with a copy of that Report and this Order, together with a copy of the submissions Ordered to be made under Oath by this Order. Failure to comply with this Procedural Order in a timely fashion will result in (a) the dismissal of each of the above-referenced cases in which there is failure to comply; (b) the entry of a show cause order why Attorney Lee should not be held in contempt of court.
George
This whole case has been a sham and a shame! If we all do not stick to gether and make a public outcry for justice then its all on us! I say we contact local news, senators, congressmen, etc and make our voices heard if not for ourselves then for our loved ones who have suffered by the hands of this billion dollar company and the corrupt lawyers and courts that let them get away with it! One drop is all it takes to start an ocean!
Tonya
my mom died on the machine was dead 25 minutes and they brought her back brain dead to save their asses she had no recessatation it’s been since Jan 10th 2010 and still haven’t finished mourning because of this case she was our rock and our family has fell apart since then and now I’m hearing attorneys who don’t even consult with us our getting more out of this than us how sad is that I hope everyone gets what their hoping I really do if not let’s not stand by and let attorneys reap benefits from our loved ones death !!!!!
George
My attorney explained it like this: I’m going to try and answer your question regarding the fee as directly as I can. Yes, there is an 11% deduction for “common benefit fee/expenses”. That is broken down to 7% toward fees and 4% toward expenses, per the courts order. Our firm deducts the 7% from our 40% attorney fee. So we as a firm pay the 7%, not you as the client. Per your retainer agreement, you are not responsible for an attorney fee greater than 40%. The other 4% for expenses is deducted from your settlement. As stated in the retainer agreement, you are responsible for expenses and that is why the 4% for expenses is deducted from you. Certainly we cannot answer for what other firms are doing.
Sonya
Joe after reading your comment,I need any additional information you can give concerning Lawyer Hebert Lee Jr.he represented my mother and my father is one of the nine names listed as claim being denied,because of a late filing.
Confused
Hello all. I was informed my appeal was denied even though it was proven granuflo was taken. The death occurred after the required hours, so it didn’t meet the criteria. (Which is so unfare) Please post if anyone is taking further action & any helpful details. This isn’t right. My family is so hurt. Please keep posting & share, because we may be approaching a statue of limitations. (I’m not sure) Is anyone pursuing this further? My family needs help. PLEASE
larry
Joe or whomever- Does your last post mean this settlement process has ended- and now funds will be paid?? Also according to one of your posts, Joe , I know 11% or $27.5 million sub common benefit fund was gonna go to attorneys!! But now I see $16.7 million common benefit funds are going to attorneys!!Does this mean the attorneys are getting $44.2 million out of the$250 million plus another 45% of the claimants settlement dollar amounts?? This doesn’t seem right- or fair!! Please explain- if you can!! Thanks!!
Betty
For ACTUAL numbers please read this quote: “Of the more substantial claims (Granuflo and Naturalyte), 1,790 claims out of a total of 2,262 were found to be eligible. Of the APA claims, 4,767 out of 5,279 claims were found to be eligible.” I’m sorry for anyone who thought that the only cases eligible were those pending in the MDL (only about 3000). Again, this is why it’s important to check anything you read on here with your lawyer.
Joe
I am only posting this to help others. Everyone should have received something from their lawyer. Pursuant to the Orders in the above-entitled matters appointing me as Special Master to resolve disputes relating to the final terms of the Master Settlement Agreement and facilitate the implementation of the Agreement, including distribution of the settlement funds to the individual claimants who meet eligibility criteria, I am making this status report to the Courts. 1. I am pleased to be able to report to the Courts that the exhaustive claims processing, evaluation, and appeals process is virtually complete. Based on data provided to me by the Claims Administrator and Liaison Counsel, a total of 7,541 claims were processed with 6,557 found to be eligible for compensation from the fund and 984 determined to be ineligible after all internal appeals and appeals to the Special Master. I believe six claimants have filed for further appeal to Judge Woodlock and one to Judge Kirpalani. 2. Of the more substantial claims (Granuflo and Naturalyte), 1,790 claims out of a total of 2,262 were found to be eligible. Of the APA claims, 4,767 out of 5,279 claims were found to be eligible. 3. As Special Master, I reviewed 375 claims seeking an award from the Extraordinary Injury Fund and granted the claim in 227 cases. I also heard appeals from the Claims Administrator’s determination in 426 cases and granted the appeal in 103 of them. 4. Claims represented by two law firms presented special problems. Both failed to comply with the claims procedures and, as a result, claims represented by each firm were denied by the Claims Administrator. Both sought leave of the Special Master for extraordinary relief to be permitted to file late. I requested affidavits from each firm explaining in detail what had happened and the reasons for their requests. In both cases, these affidavits demonstrated that no valid excuse for noncompliance had been presented. I determined that in these circumstances, and in light of the fact that permitting the filing of claims at this late date could delay and impact the thousands of other eligible claimants and their counsel who complied with the claims procedure and are awaiting payment (which requires the resolution of all claims), that the requests for leave to file late should be denied. I informed each law firm of this determination but also informed them that out of concern for the potential harm that denying these claims could cause innocent and potentially deserving claimants, who, but for the law firm’s actions, otherwise might have been entitled to seek compensation from the fund, I would grant the request to file late on the condition that:a) counsel clearly inform each of the affected clients, orally and in writing, of the facts and circumstances of noncompliance with the claims procedures, counsel’s request for leave to file these claims late, and my decision (by providing a copy of my response to their request); b) counsel file proper, completed claims with the Claims Administrator by no later than May 29, 2018; c) counsel and claimant agree to waive all appeals and deficiency notice periods (including Provisional Denial) of the settlement process; and d) counsel agree to waive all attorneys fees connected to the representation of these clients. 5. One of the law firms responded very professionally, promptly agreed to these conditions, and filed the 34 affected APA claims by the deadline. Those claims have now been processed and are included in the numbers reported above. 6. The other law firm has not responded to me except by way of email asking for me to call him. (I understand there was another call from this law firm to Liaison Counsel.) My return call to the law firm was not answered, nor were my voicemail and follow-up email to counsel. No claims were submitted by the deadline. Accordingly, pursuant to my determination, the nine Granuflo/Naturalyte claims represented by this firm are denied. The nine cases at issue are in the MDL. All claimants are represented Herbert Lee, Jr. They are:a) Dorothy Hill b) Mildred Green Smith c) Rejohnna Risby Brown d) Olivia Porter Mitchell e) Horace Lee f) Mildred Adams g) Lucille Baldwin Neal h) Eli Jones i) Veaster Monroe June 5,2018
Judy
Wow Joe I’m sorry to hear that and your right This seems like a scam! Laywer get paid way more than the victim and misleading information! They should be sued
Amanda
I’m not sure what is going on at this point but from what my lawyer said friday was that the cases that were being appealed was for ones that were in the 1500 dollar claim who believed they qualified for me. This ha’s all just been one big mess afret another. Ready for it all just to be over with.
larry
Wowwww!! It seems like Joe, who has given out some helpful posts in the suit, is bailing out at the end!! Also he is insinuating the lawyers, judges, administrator, and Fresenius are conspiring to screw over the plaintiffs!! I couldn’t believe some of his last posts!! I don’t think just because you haven’t received a letter necessarily means you have been left out in the suit- but you most def won’t have a chance to appeal!! Everyone by now should have talked to their appointed attorneys to see if they are included in the settlement , as well as knowing which category they’re in!! If there were only six appeals, surely this case should be resolved very soon!! Its been going on too long- too many twists and turns- usually for the worst!!
Joe
I won’t be posting after this here is the common benefit award order. Good luck to all, in this scam of a so called lawsuit. I will not be posting anymore but I have not received a point value or a award letter And I don’t expect I will. Good luck (Start of order) After a duly noticed hearing on January 30, 2018 and careful consideration of the submissions in connection with the petition by the Plaintiff Leadership of the coordinated MDL and Massachusetts state court proceedings for the award and allocation of common benefit fees [Dkt. No. 1982], to which no opposition was presented — despite an extended period within which to do so — I find as follows: Given the status of the litigation, with the global settlement consummated and fully funded, all but a modest set aside of common benefit expenses reimbursed pursuant to my Order [Dkt. No. 1978] of November 2, 2017, settlement claims being processed, dismissals being entered for all but a handful of the cases that did not opt in to the settlement, and the entry of CMO 18 [Dkt. No. 1926] (limiting the need for and role of the PEC going forward), the time is ripe to address the award and allocation of common benefit fees.I have reviewed the Plaintiff Leadership’s moving papers and submissions with respect to the petition, including the Affidavit of the Court-appointed accountant (Phillip A. Garrett, C.P.A.) and Plaintiff Leadership’s unanimous recommended allocation of any awarded common benefit fees. I accept the representations in the moving papers and further find that: 1. The Plaintiffs’ Leadership has well and properly performed its duties in managing, litigating and bringing to a fair resolution this complex state-federal coordinated litigation. 2. The nature and volume of work and total hours applied towards the common benefit of all plaintiffs appears reasonable and in compliance with CMO 14 (Revised) [Dkt. No. 928]. 3. The allocation of percentages of the overall available common benefit fees to each of the common benefit law firms also appears reasonable, and I find no basis to decline to defer and otherwise be guided by the recommendations of the Plaintiffs’ Leadership, especially given: (a) the unanimous agreement and recommendation of the Common Benefit Fee Committee; (b) the overwhelming support by the common benefit law firms, as represented in the Plaintiff . Leadership’s moving papers; and (c) the lack of any opposition to the petition by any party. ACCORDINGLY, I hereby ALLOW the Plaintiff Leadership’s petition [Dkt. No. 1982].Pursuant to my ALLOWANCE of Plaintiff Leadership’s petition, it is ORDERED that: 1. The entirety of the funds remaining available from the settlement for common benefit time ($15,870,491.01) shall be awarded as common benefit fees. 2. The allocation of common benefit fees shall be made in the percentages recommended in the fourth column of Exhibit 1 [Dkt. No. 1893-1] to the Plaintiff Leadership’s moving papers. 3. Pursuant to my Order dated October 22, 2016 [Dkt. No. 1788], Providio MediSolutions, LLC (“Providio”), having been appointed the Qualified Settlement Fund Administrator and been ordered among other things (a) to create and oversee the GranuFlo/NaturaLyte Qualified Settlement Fund (the “QSF”); (b) to create a sub account within the QSF for GranuFlo/NaturaLyte Common Benefit Fund (the “Common Benefit Sub Account”), into which $27,500,000.00 of the QSF total funds (11% of the $250 Million gross settlement, the court-allowed common benefit assessment as set forth in CMO No. 14) (Revised) [Dkt. No. 928]); and (c) to distribute common benefit funds only in accordance with orders of court, Providio is authorized to distribute the common benefit fees awarded by this Order, subject to Section B.4 infra. 4. Providio shall not distribute the common benefit fees until after it has mailed or wired the settlement awards to all claimants’ counsel
Joe
Here’s the problem ,if appeals have basically gone before the judge Or have So-called ended. The likelihood is whoever has not been notified is not in the settlement. It’s a corrupt system.It doesn’t look like the administrator is the one actually making the determination it looks like Fresenius is the one determining who is in and who is out. I believe a lot of people have been Miss led by their lawyers . I believe those people should file lawsuits against the law firms for malpractice. They gave deceptive information to some. Making people believe they qualified for a certain level or category in reality they never submitted the paperwork or submitted the paperwork and told people they qualified for category one then actually put them in category three before the administrator could ever make that determination.. But if Appeals have gone before the judge. It only makes sense that if you did not get some type of letter you did not have a option to appeal Which means you are not part of the settlement.. By the way lawyers Will receive the Award a amount for all claims per law firm before the Lawyers are paid their compensation. So what the points are going to actually be it’s completely up to your lawyer. It’s a big scam and the judges is part of it, It appears He is playing stupid like he doesn’t understand the process. He states this is an organic matter that I am not Familiar with MDL No. 13-02428-DPW CASE MANAGEMENT ORDER NO. 20 PROCEDURAL ORDER FOR APPEALS OF THE SETTLEMENT AWARD DETERMINATIONS The Court has been notified that the time for filing Appeals of Settlement Award Determinations by Professor Eric Greene expired as of May 21, 2018. To date the Court is in receipt of six (6) appeals filed on behalf of the plaintiffs in the above-entitled cases. Accordingly, in order to process these appeals in an orderly and efficient manner, the Court hereby issues the following Procedural Order: 1) James Gotz, Esq., on behalf of the Plaintiffs’ Settlement Committee (PEC) shall file a response to each of the Appeals no later than 5:00 p.m. on Friday, May 25, 2018. 2) Any of the individual plaintiffs listed above may file a reply to Mr. Gotz’ submission no later than 5:00 p.m. on Friday, June 1, 2018. All submissions shall be filed on the individual case dockets and not on the main MDL docket.
Arthur
I think the most you will get after years of waiting. An i mean the most extraordinary cases is about a 100,000$ after lawyers fees. These cases enrich the lawyers not us.
Amanda
Joe, so what where the appeals for? And did u ever get a letter regarding amount of points because I have yet to receive anything.
Kenyatte
What is going on with the Naturalyte claims? The lawyer for my mother said that her claim was accepted in this category, along with additional compensation from extraordinary funds? What does this mean as far as a dollar amount?
larry
In followup to earlier post can Joe or anyone start at the 250 million dollar starting level, make deductions like the 5 million $1500 claims, and the 11% approx 27.5 litigating attorney fees, etc and tell US an approximate figure of how much money would be split amongst the major injury category???? Joe or anyone have any ideas on this?? Thanks!!
larry
This post is being sent to ask Joe, or whomever can answer these ????’s as best they can!! 1. Please explain, starting with 0 points, how this point system works, I’m hearing so much for granuflo exposure, so much cardiac arrest and or death within 24 hours,so much for bicarbonate and potassium levels at last treatment!! Can someone please explain point system, number by number?? Also from what I’ve been told by most so called experts 90% of the top injury claims are going to be 100-150 points and rest 150-200 points!! Now don’t start blasting me cause several of you say you have been told you have 200-275 points!! Now calling anyone a liar- just trying to get clarification on this!!Also have been told very few appeals so this shouldn’t take long!! Also hear attorneys are going get 45% instead of 40%??? Can anyone explain the Medicare lien process accurately?? I also have been told out of the original 12,000 or so suit claims, only bout 12% will be in major injury group!! And finally, anyone have any idea after the 27.5 million to litigating attys, 5 million for $1500 settlements,and any other deductions, approx how much will be left to the major category group!! Realize legal fees, med records, and some Medicare liens will come out final payout!! And again I’m just trying to get clarification on these ????’s!! Not calling anyone a liar or insinuating any body posting false info!! Just looking for the truth, if you know answers to these ???’s!! Joe, maybe?? Thanks for your help!!
Joe
So there were six appeals. There is no ruling yet. But no more appeals can be submitted. They all were for denied Claims Determined by the claims administrator and Mr. Greene They are before the judge now. It looks like June 1 is when the Appealed cases have to put there response in to The court on what Mr. Gotz Submitted as in if it looks accurate and if there’s anything else they have that was not submitted by Mr. Gotz. These are all federal cases as far as I know.
Amanda
Well I’m still with no letter. No information and just sitting here stuck kinda wished they would have just released everything at one time so those without point’s wouldn’t be sitting here stressing.
Kevin
Joe, Just to inform you my lawyer also has informed me that the rough number for the point value is 700.00 and that this is a very rough number and will change a little as there is only a few claims left in the appeal process. Now I dont care what you are reading, I am telling you the truth, and I have no reason to lie. And for Reese I believe what she is saying only because that is what my lawyer as told me now twice in the last two conversations. Again I have no reason to lie. So if anyone says that the point value per dollar is roughly 700.00 per point that is what the lawyers are telling people. Now stop making people think that they are not telling the truth. Also that there is only a couple more claims left in the appeal process. Good luck everyone.
Shan
No we only received the 1st letter, still waiting for the 2nd with point values and a amount. I certainly hope it is Not $700 per point. I’m hoping its at least $1000 per point because I asked my attorney before from what I read online and even though he couldn’t confirm or deny $1000 per point he did hint that it sounds possible” and its a good estimate to use until we get the actual value,.. I would rather $5000+ per point but that’s not looking favorable,.. Wouldn’t it be something if it’s $1500 per point since that is what they are giving the claims that didn’t “qualify,…. “a point”.. All is speculation when it comes to point values. Really hope we get our official letters soon.
Joe
Appeals for federal cases were completed yesterday to judge Woodlock . So all federal appeals are over. Not sure if everyone had to receive a point value or not To be part of the settlement. That is something you need to call and ask your attorney. My understanding is no. But you really should call your attorney and find out your specific case information. Just got notified today that appeals are done at least for the federal cases.
Kim
Got my letter saying my family gets a whole $1500. That’s because our mother passed outside the time limit by a few hours. So frustrating. Take care everyone.
Joe
Reese, i have always tried to give accurate information. At times I have to admit it may not always have been 100% correct but most of the time some aspect of it fell in line with what the lawyers were telling there clients. So you tell me what you think this means (i posted below.) Maybe I have a different understanding of it then you do. (Start of quote) “I think your Honor is aware of this. There is what I will call a de minimis payment that a lot of people will be receiving and a more substantial payment that is available for it looks like about 25 percent of the claimants.As to the more substantial award, settlement is such that until the last claim is processed and all of its appeals are exhausted none of those folks get paid, because it will only be at that point that we can calculate the dollar value of a settlement award point. So, until those appeals are exhausted with your Honor, with Judge Kirpalani, we will not be in a position to pay any of those more substantial cases.(End of quote.) (Just so everybody is aware there are two different lawsuits one is in federal court . With Judge Woodlock . The other is in state court with Judge Kirpalani not sure if the spelling is Correct but that’s the way it is spelled in the transcript,so that’s the way I am spelling it.) So how can your lawyer give even a Approximate value. It Doesn’t seem possible Unless all the people that have received point values are the de minimis claims . It Basically says until the last claim is processed and all appeals are exhausted then and only then will any one know the value of there points “because it will only be at that point that we can calculate the dollar value of a settlement award point”. Of course thats in reference to the more substantial claims .So you tell me Reese,am i missing something in this court Transcript? If so please tell me what it is? It is A little confusing at times. If you see it differently then me please tell me were i am Wrong in my assumption of the process. I appreciate all information. I may say something is untrue unless proven otherwise. I see no proof that the point value maybe worth around $700 per point. Like i said if you see it differently please tell me were you see that. I don’t think what your lawyer is telling you is realistic.There would be too big of a variation in award amount. This is how it works.(Start of quote) “They approve the claim in full, they reject the claim in full, or they approve an award of something less than what the claimant was hoping to get. If it is rejected or if it’s something less than what the claimant was hoping to get,the determination goes up to Professor Greene. Professor Greene is made aware of, “This is what the Claims Administrator found,” and Professor Greene’s job really at that appellate stage is, is the Claims Administrator right or wrong about that. That’s really the nature of the appeal.”( End of quote) So you see Reese, only The claims administrator and Professor Green know how many claims are being appealed. So there would be no way they would know approximately the value per point until all appeals are done . Thats why It says appeals if any will go before the Honorable Judge Woodlock at the end of May. Thats because Both the claims administrator and Professor Green would have had to of gotten it wrong then and only then can it go before the Judge for Appeal. So a Estimated Dollar amount per point doesn’t seem realistic at this point. I am sure they are getting pretty close but all claims have not been processed yet. Appeals can take months to complete they believe around second Quarter of 2018 Which we are in right now. I don’t see any definitive timeline of when it will be over. It Probably all depends on when the last claim is processed and all Appeals have been exhausted. Who Know When that will be. What does Mr Gotz mean by more Substantial claims what is he Referring to? We know the $1500 claims are not appealable. So if all the more substantial claims Have to wait until the appeals Are exhausted . That can only mean from my understanding there are two types of pay outs in the top category the more substantial ones have to wait until The very last claim is processed and all the appeals have been exhausted for the de minimis cases. I don’t know My opt-in form Had no reference to any point value. It stated to be clear we will not know your award amount until all claims have been processed and all Appeals if any have been resolved. Thats the same thing they are telling the Federal judge at the Court hearing. Just to make it clear there are two different lawsuits one in state court one in federal court. There are two different appeal dates to two different judges. Yes , When it goes to the claims administrator the process is the same for both federal and state cases. However dates are not the same as in appeal dates that go Before the judges. So all Appeals between state and federal have to be resolved before anyone will receive a dollar amount for their point value. That may be why it is getting so confusing some people are getting information about the state cases and then others are getting information about the federal cases.
Elle
Well it is simply defined that it is 100 for time of passing if within 4 Hrs n 75 for granuflo equals 175. If Passing ezceeds 4 Hrs the pts adjust . 25pts for each solution results x 2 if u hv both results then u will receive additional points again if u hv both and the max appears to b 275 if u hv all. since we r not advised we’re still in the dark. Great comm..,, after all they r meant To b our attorneys and communicate w us
Kevin
Arthur would love to explain in detail how I received my 200 points. But they will not allow me to inform you and any else on here. All I am saying is you need to stop calling everyone on here liars, because I have and I see other people on here have no reason to lie. So from here on out please do not refer me or anyone else on here that we are all LIARS I AM NOT!! i just received another email from my lawyer and she explained that there were only a couple more appeals left and they are right now preparing a letter to inform all of us how it will all take place from here on out. That letter should be going out any day. So hopefully we are looking to ending this night mare. I wish everyone good luck going forward.
Laurie
Arthur, As I said earlier in this blog….I received a letter on February 21 from my lawyer via email attachment. The letter was from the Claims Adjuster dated January 5th. It said I was approved for 175 points. Have not seen anything regarding point values. I would NOT LIE about something like this. Stop saying people are lying. Its not bad enough that we are all getting the shaft on this horrific lawsuit, you have to put salt in the wound on top it it! I am disgusted with every aspect of this issue and can not wait until this is all over.
Arthur
Well Kevin nobody on this blog has said how they received their points. Just that they received it. There are a couple of ways to receive their 200, 225, and 275. Like I said earlier posts. It’s easier to receive 100,125, and 175 points. That’s what makes leary when I hear people here that say they received 200,225, or 275 points.
Reese
My lawyer has always been. Very engaged with me during this whole process. I have no reason to lie. I received my points back in November and my lawyer emailed me on May 8th or 7th and said the point value is 700.00$ My lawyer also said it could go up a little more or a little less, depending on the last several appeals outcome. Now when Joe says people are lying about what they got, makes no sense. Why??? We all want a good outcome, so why would we intentionally post misleading information? Just like my lawyer told me, that there was about 1500 granuflo claims left out of 2000 and that some more will probably be cut. So there is nothing definite until all appeals are exhausted. I am disappointed in the monetary amount that our lawyers settled for and the time it took to even get here. But it is almost over and i really do wish the best for all of us.
Kevin
Arthur, What is your problem, calling everyone liars?? I know for a fact 100% sure I recieved 2(two) letters one from my attorney and one from the Administrator!! explaining to me in full how I or my brothers estate recieved 200(two hundred) points. I dont care what other people say BUT STOP CALLING PEOPLE LIARS!! I have no reason to lie. Also I might add is that I received these letter back in November of 2017. I really wish they would allow me to put a copy of what I am saying. All I know is that this is where I stand in this disgusting Law Suit against these horrible and slimmy under mineing A__HOLEs. Just got and email from my attorney stating that this is a rough estimate of the value of the points which is $700.00(seven hundred). Now go up and act like an adut if you are one and stop the name calling PLEASE!!
Joe
I have no idea why people are not telling the truth on here. There were 12,000 total cases 7500 opted in. Out of those 7500 that opted in 25% are substantial claims. The lawyers don’t even know how many of them are valid. So when they say 25% they don’t mean 25% of the 7500 that opted in ,they mean 25 % of valid claims. One can only guess what the actual numbers are going to be.. Even if the total number stayed at 7500 substantial claim numbers would be 1850. Honestly though those numbers are going to be greatly diminished ,it’s just a known fact. Here’s one of the reasons for that. Just to be clear, every case in the country had a opportunity to opt into the settlement program if they would qualify or not, of course, is a case-specific analysis. But no one was intentionally prohibited from opting into the settlement program.. So 7500 Will not be the end result for total valid claims. Valid claims are simply unknown at this point. $1500 claims are not guaranteed. All claims have not received a point value.The Process is going to take longer than people think. Everything Is being done on a rolling basis that includes appeals. However appeals to Mr Green Will be on A rolling basis. The appeals that are going before the Judge are done in groups. First group will be at the end of May. There may be more groups but those dates have not been set. They first would have to have receive there points and appealed to Mr. Green first . Appeals are going to take months to be completed so anyone that says they received a letter telling them there points are worth $700 per point Is not telling the truth . Don’t expect to Know anything by the end of May most likely not going to happen . I know some were Told payouts Will probably start in July, I am not so sure of that. Another Uncertainty is when they are referring to substantial cases. What are they In reference to. is it all Granuflo claims of just the highest payouts, in the Granuflo Compensation fund,the 275 point value cases. Because is states, As to the more substantial award, It then states Settlement is such That until the last claim is processed And all of the appeals Are exhausted,None of those People get paid. We know some people have received point values. So we know those claims have been processed. It’s really Unclear what they are referring to when they say substantial claims. If you think about it a point value of 275 would have no option to appeal. Because you are already receiving the highest point possible,it can go no higher than that so there would be nothing to appeal. . That part is just my thought on it about substantial claims. It might explain why nobody has posted a point value of 275. Nobody has received one. But they will After all other claims have been processed. That could be why there are a few that have not received any point value as of yet. This is how the process works it goes to the Claims administrator, the claim Is Approved in full, denied in full Or given a value that is lesser than what was expected. So it’s uncertain what they are referring to when they say substantial claims.
Karalyn
I received 200 points and my attorney told me that there’s no appeals for points or money.
Denice
Reese, did you receive an official letter or an email from your attorney in regards to each point being valued at $700.00? Has anyone else received a letter in regards to the our point values?
Arthur
‘@ Exhausted I don’t believe you received 225 points, you might as well say you have 275 points. Many people here are talking out of their rear ends. I don’t get it why lie. You are just misledding people. People just tell the truth.
exhausted
If payment is 20,000 for the point value system of say 300 persons that is 500,000—where is the balance of the money going. My had was awarded 225 points
???
As to the more substantial award, settlement is such that until the last claim is processed and all of its appeals are exhausted none of those folks get paid, because it will only be at that point that we can calculate the dollar value of a settlement award point. So, until those appeals are exhausted with your Honor, with Judge Kirpalani, we will not be in a position to pay any of the more substantial cases. THE COURT: But all of the so-called de minimis payments will be made to — MR. GOTZ: Rolling basis, and they are not affected by the process I’ve just described. 25 THE COURT: All right. Well, I guess we will see
terri
hello i received a letter from my lawyer and administrator i received 200 points but i am think i will receive about twenty thousands after all fees lawyers a percent to the insurance and my estate lawyer which was 700.00 they told me i needed he been dead twelve years what a shame this turn out to be lawyers get more then the people who hired them
Kevin
Joe and everyone else that reads this page, I have received my letter from the Claims Administrator, back in November of last year and my letter informing me of the amount my case is in January. I have also received a very rough estimate of the value of my points that my case has. I HAVE NO REASO TO LIE AND MAKE ANY FALSE INFORMATION!! I really find you making these claims that no one can be where my case is. Again no reason to lie. I wish everyone that this horrible night mare will be over soon.
Joe
No Amanda I have not received anything. I don’t believe the majority of people on here. The information is just coming from their lawyer over the phone but They received nothing official from the claims administrator. Then other people are posting their estimated Point value from Their lawyer that they received years ago. I do believe Arthur and a few others actually have received letters from the claims administrator. I received a email from my lawyer can’t remember The exact date but i think it was February or March it stated he thought between 60 and 90 days but it could take all the way up until May 31, 2018. You will receive something soon. We all will,take what most people are saying on here with a grain of salt. Don’t put too much faith in what they are saying. Granted some are giving accurate and correct information but others are not they are just guesstimating or saying what they believe. You will receive a letter shortly give it a few more weeks.
Rayne
Joe My moms case has 125 points.. im a single mom waitress.. Please tell me we are not getting 20 grand.. I did the number crunching you had posted the other day and the figure was large!! Its been 9 years I want closure Please tell me I’m not holding false hope.. Lawyers tell me nothing.. I’ve done the numbers so many times with different results… Ive gotten 3.3 mill per 334 tho per 190 tho per… What is your guess? I know it could be off but u have been my info source.. What does your mind think????
Laurie
Patti, My letter came from my attorney in an email about a month after he received it with my point value. They sent it to me after I asked them what was the status. I would press your attorney for more information. Call them as soon as possible and demand answers.
Arthur
To Patti: If you flow my last few blogs I stated that I had received my letter around March 8 or so of this year. My letter from the Administrator came out around Jan 5, 2018. Both letters came together from my Attorney and the Administrator. The letter from the Administrator came from Portland, Oregon. My Attorney sent me both letters and that I had no chance for appeal. My Father was 86 when he passed 6 hrs after treatment for an additional 25 points. No points for lab work. This is why I get skeptical when people say they received 200 point. I am figuring we will know point value either in June or July.
Reese
700 $ for point value is what my sent me yesterday 5-8-18
Joe
Betty I am getting my information from United States judicial panel on multi district litigation. Where are you getting your information from. The numbers you are giving out our Quite a few months old. Also where are you getting Those deductions from?They’re not coming from the letter when you opted in.I know that, All deductions will have to come from a court Ordered auditor. Thats stated in your opt-in form.I see nothing stating the claims Administrator getting a cut . I know they are not doing it for free but the amount or how they will receive payment is not in the opt in Letter. Common benefit expenses are 2% of the settlement which equals $5 million. Attorney fees for the leadership lawyers Is receiving 7% $17.5 million. Lawyers that were on the steering committee and helped with litigation and help to write up the settlement agreement will also be receiving 2% $5 million. That is it they are not allowed to Deduct any more funds from the settlement unless approved by the auditor. The settlement has been funded and is over so they Received a total of $27.5 million. The interest will not go to any of the lawyers or the claims administrator. There is no interest acquired while the settlement is in the qualified settlement fund. The bank is just holding the money it’s like A savings account but not actually,the money is just held there the bank can charge no fees. and no interest is acquired. They won’t know the total numbers of claims until all have been reviewed. I know some people believe they have all already been reviewed. That is not the case when the reviews are finished then All law firm’s will receive notice of claims review being completed. That hasn’t happened as of yet. I am sure it is very close though.
Amanda
Joe, have you revived your ppints yet? I’m just curious as I still haven’t received anything from the attorney or the claims administration
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