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Fresenius Dialysis Treatment Lawsuit

Fresenius-Dialysis-Treatment-Lawsuit

Fresenius Dialysis Treatment Lawsuit Overview

The Fresenius dialysis litigation centered on allegations that the companyโ€™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 recallโ€”the agencyโ€™s most serious levelโ€”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 patientโ€™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 Freseniusโ€™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 Freseniusโ€™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

Plaintiffsโ€™ 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 Freseniusโ€™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 plaintiffsโ€™ 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 Freseniusโ€™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 companyโ€™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 patientsโ€™ 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 companyโ€™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 companyโ€™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 Freseniusโ€™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 companyโ€™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 Freseniusโ€™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 patientโ€™s death. The claim served as a precursor to hundreds of later lawsuits consolidated into multidistrict litigation over Granuflo and Naturalyte.


1336 Comments


Joe
Wow Ron!! You are one lucky guy. Your case goes from being ineligible at the start of this settlement to now being put into the Granuflo Compensation fund.Not only that now you are getting 25 more points even though no exact time of death is known. Didn’t your wife die at home sometime during the night or early morning why you both were sleeping? Wasn’t that according to the Paramedics Or doctors determination of time of death. WOw Ron, i would start playing the lottery if i were you. I mean Some people have not even gotten a determination of anything and you already are appealing your point value and won the Appeal. Your like a Superhero you can do almost anything. Your new name should be the amazing Ron.

Patti
I have just a couple of questions. (1) When did everyone begin receiving these letters with these Point values? (2) Did these letters come directly to you, or did they come from your attorney? (3) if it came directly to you, can you let me know like who it came from? My mother’s case was one of the first ones in the death category. She actually passed away while on dialysis in 2010. Our attorney gets extremely standoffish when my dad tries to ask any questions. Any help would be greatly appreciated.

Ron
I just got off the phone to my attorney and found out my appeal for the extra 25 points was successful I now have 25 points . my attorney also stTed their Speculation was that a point would be approimately $700 but nothing is official in that regard . So 125 X $700 is $87,500 minus 40 % leaves about $52,500 . Again this is only my attorneys guesstimate .

Shan
‘@ Arthur I don’t know what is to be gained by lying about anything on here. I assume we are all in the same place in life trying to to gather and share information about the case. We received our letter in March also, the very end of March actually. It said 200 points with a 2nd letter to soon follow determining the point value. What about that makes it so unbelievable to you? We didn’t get a check or an apology for killing our loved one just a letter about the points approved for. The only thing I’m trying to figure out is what is 200 points worth and if anyone got the 2nd letter.

Betty
Ron – If there is interest, it is usually used to pay or partially pay for the claims administrator. Hosting a website for uploading and review documents for over 7000 claims isnt cheap! (whoever said there are only 3100 claims is wrong, there were more than that just in the $1500 category – you might want to check with your lawyer) Other times interest will go to the Client Protection Fund for that MDL’s state. Each state has one, and the money is used to pay people who are hurt by dishonest lawyers (that are usually disbarred). Your lawyer doesnt get the interest, fresennius doesnt either. Besides common benefit, lawyers don’t get money until your case gets money for this type of case if they are doing contingency.

Laurie
Just an FYI fact for all…..The presiding judge on this case, Judge Douglas P. Woodlock had a call of impeachment on another case back in April 5, 2012 for and I quote, “most insidious example of betrayal of the public trust.” Google it and you will see the document. Kind of makes you wonder.

Ron
I talked to my law firm yesterday . The only news they had was to affirm that some of the $1500 payments were coming in. I had appealed for an additional 25 points over the 100 I was assigned because my wifeโ€™s time of death per the paramedics was 15 minutes past the deadline. Since the report stated that rigor mortis was present my argument was that it obviously moved time of death back a couple of hours for that to occur. I havenโ€™t heard a decision on this yet. My other question to my legal rep was that this fund $250 million is drawing interest somewhere while we await dispersal …who gets that interest ? Finally when I asked if they see any finish line on this there was no definitive answer . I did ask if settlement awards would have to be probated and was told they were looking into that aspect . We live in a community property state so there was no probate after my wifeโ€™s passing , hope that still applies there are no minor children involved .

Laurie
Carolyn, I would do the same! Its disgraceful and disgusting how this is working out for people! Im sickened by the whole process after we have lost so many loved ones to this company! God will judge them all in the end! My Mom has been gone for 13 years now.

arthur
Grace and Shan I am a little skeptical when I read that people are saying that they received 200 points. How did you receive 200 points. And one of you is quoted as saying you received back in November. Another red flag. I received my letter in the early part of March dated January 5, 2018. One from the Administrator the other from my Attorney. Specifying how i obtain the points. It’s a little harder to achieve 200-275 points. 100,125, 175 points are more believable to obtain. I don’t want to here my Attorney told me so, that’s plain and simple hogwash. Too many people on this blog aren’t telling the truth.

Joe
I wouldn’t believe everything that is posted in the comment section on here. There’s different information coming from Different people that is contradictory. Here is just a couple examples. It is done.But not all people have received a letter or a point value from the claims administrator. I was told it could take all the way up until The end of May. Then you see people posting there are 2000 in the Granuflo Compensation fund. How would one lawyer know the total amount of claims before any other law firm ? I see the point values go from 100 up to 275 but i have yet to see anyone post a point value of 275 Are those the last ones to get there value? Most of what people are posting on here is just guessing it is not factual information. I do believe people have received point Values. But when you opted-in it stated in your letter. “We believe 1000 or more will not be able to prove they used Granuflo or Naturalyte During their last dialysis Before the alleged injury and,thus, Will not be Eligible to participate.” so when people state they doubt there will be 1500 that are not eligible that is incorrect. I understand that is that person’s perspective on it. But the facts are there will be more Than 1000 that will not be eligible. So my point is don’t believe everything you read on here it just isn’t 100% accurate. I know most people know that already. My comments aren’t directed toward anyone person. I am just trying to help people understand And not to believe everything they are reading on here.A lot of It is not accurate. Bits and pieces of it are accurate but things are being left out. People are just getting bits and pieces from their lawyers they’re not getting the full facts. Here’s another quote from the opt in letter. Category 2 Naturalyte Compensation fund “The allocation plan Also provides a very narrow exception To allow for Compensation to patients who were treated with Naturalyte, Under very specific Conditions. Because few cases are expected to qualify Under these Limited conditions The fund Is limited to $5 million.The Compensation for these claimants will follow the same baseline and add-on formula as the Granuflo fund Claimants,Except that the compensation Will be capped at 50% Of what the applicable Granuflo Award would have been.” Here is why I posted that . Because few cases are expected to qualify they are only entitled to 50% of what the Granuflo award would’ve been. So if the Granuflo Award was only $43,000 and Naturalyte claims Are only entitled to 50% of that then that would leave Naturalyte cases with only $21,500 then minus lawyer fees 40% That would Leave the people in the Naturalyte fund With approximately $12,900 before liens are taken out. That just doesn’t seem realistic. Also it states they believe few will qualify for the Naturalyte compensation fund and If the payouts for Naturalyte are $21,500 that would leave a case load of 232 claims. That’s not considered a few thats considered many. Definition of a few is more than one but not many. Even if the 2000 claims were right. that would still leave a caseload of 91 for the Naturalyte claims still not considered to be a few. Also I understand point Values are being given out And that maybe the way they decided to do it but it does not state that it would be done that way. “We cannot tell you how much exactly you in particular Would receive. The final award is based on How many eligible Claimants there are, And the total funds will be Divided among The total group According to a formula.” This website Won’t let me post A direct web address. But I can tell you how to get the total caseload Put in Google ,(pending MDLs judicial panel on multi district litigation) It will be the first one in Google results. Then when you open it,click MDLs by MDL Numbers. Then Go up to your web browser and click find on page (in your browser toolbar) Put in the find on page search 2428 then click search. It will bring you right to the case there is a case load of 3168 as of April 16, 2018. Here is my point if people are stating there are 2000 cases in the Granuflo Compensation fund that means there would only be 1,168 in the alternative payment fund. So that 2000 number is not accurate. As for the $43,000 that could be more realistic the only issue with that is every single person out of the 3168 would have to be in the Granuflo Compensation fund. We know that is not the case.Even then it would be more around $68,000 if everyone received the same point value. My guess is that over 50% are $1500 claims and over 1000 are going to be found In eligible or have already been Dismissed leaving a few hundred left. You Also have to remember that Appealed cases are still part of the caseload (pending cases) until the final determination has been made by the Court of Appeals. For People that think I am posting under different names you are wrong, I have no reason to do that.

Carolyn
Well, got the letter from the lawyer stating I was in the $1500 group. They state it will actually be $750 because of their share. That’s 50 percent, not the 40 as previously stated. Then they inform me I need to probate the Estate. What estate? My husband died leaving nothing but medical bills, which have all be paid. The cost for probate is around $700. WTF!! I’ll probably just let it go just to foil those greedy asshats. Unless I sign of, lawyers get nothing.

Shan
Thank you Betty. I really appreciate your detailed response. Grace, we have been getting the same run around. We were awarded 200 points also just a few months ago. I supposed no one have received point values yet.

MARIBEL
My mother died of Granuflo Dialysis . I have sent all the papers and documents to one Law Office . Now the Esp. from that Firm left and took everything with. Can i use your

Grace
This case has been going on now for more than five years and every attorney gives a different story I don’t what to believe….I received a letter in November awarding me 200pts….Since then things changes from month to month….first the lawyer said in March it I don’t know……All can say we have to wait and see there nothing anyone can do but speculate.

Betty
Ann – I believe your estimate of 200 mil total is probably pretty accurate. Dividing it by 500 is not correct. There over 2000 claims submitted for the GranuFlo category. I bet some were dismissed, but most attorneys only submitted cases they thought could fit the category, so I doubt as many as 1500 cases were denied. Shan – No, that is not the amount each will receive. From that amount, medicare, medicaid, and private insurance will try to get back the money they spent on your loved one’s medical care. These are called liens, and the federal government allows them to do it for any personal injury case. They hired a company that will try to get the liens down as low as they can. They were able to get liens down to $0 for almost all of the $1500 claims, but that might not happen for the bigger claims. From there, you should check the retainer you signed with the law firms. Since law firms worked on contingency for most cases, they have not been paid for the years of work they did on your case yet. Most firms will take the costs for your case (filing fee, estate, medical records) and will also take an attorneys fee, which is usually 33 – 40%. Check the retainer. Also remember that the 200 mil won’t be divded equally. Some cases got 100 points but some got as many as 275 points.

Patricis
Ann Your formula is incorrect. The $1500 people will be coming from Naturlyte $5,000,000.00 Each person in Granuflo category gets points (example 175 points). Then each point will be assigned a dollar amount. You donโ€™t just divide total amount in category 1 Granuflo by the number of people.

Shan
Ann I certainly hope it is $393,500+ because this has been a nightmare. Say it is that amount (give or take) will any other fees be taken out of that amount (the attorney fees, etc) or is this the final amount that will be given to the claimants?

thomas
phone calls to my lawyer are a joke. paralegal offering no information but I know how you feel, we will be sending out a letter very soon we have no other information for you. no need to call us again you will receive a letter in the mail as soon as we know anything new. same response for months. as far as payouts. My hypothesis is after lawyer fees the average sum received will be around $45,000 depending on points some will be a little less and some a little more.

Ann
So.. With everyone recieving points I’ve seen a few with 175 that is what my case received.. My calculations are as follows.. 250 mill.. take 30 mil for court n lawy things… Take 5 mil for gran cat.. Take 10 mil for ext. Fund.. Lets say 5500 get 1500 thats 8,250,000 all that together is 53,250,000 subtracted from the 250 equals 196,750,000… Divide that by 500 for the gran cat is 393,500 is this right? Anyone… Joe…. I’m just trying to get a guesstimate of what we will receive… Thanks

Debra
I just heard that they are still waiting on the final point value to be determined. After settlement amounts are known, each case will complete the lien process. $1,500 payouts are being done now. Clients that have fully qualifying GranuFlo and NaturaLyte claims are not being cleared for payment until after the lien resolution process which takes 90 – 120 days. They said that the next correspondence I will receive should be indication of the gross settlement amount.. So we wait and wait. I am tired of waiting. My husband died 9 years ago in June.

Amanda
I keep getting the same run around from my lawyer the past few months. They act if they have no idea about the claims administration already releasing points. Every time I ask it i’s well no news is good news. That the longer it take the administrator the higher your point value is. I sure hope for that to be accurate. Honestly tho this has become such a mess with deadlines being pushed and pushed. She did say however that those with the 1500 payouts would be expecting there’s pretty soon because there’s nothing to review.

thomas
I was straight bamboozle the 3kt in my mothers dalysus bath has no shipping record theres no wat u can provide proof of the 3kt even the doctor cant show proof of what they gave my mother my appeal was denied now i have to file criminal charges of involuntary manslaughter against the docs. My attorney held these records from me for 3 years

starts with a "J"
Thomas I believe your guy’s name starts with a “J” . He is proflific writer on here and has written volumes about this case.

Confused
Has anyone with a pending appeal heard anything from their lawyer? Any appeal updates?

Laurie
As usual I have been given the run around by the ABA (American Bar Association) regarding the hurtful e-mail I got from my Attorney’s office. Typical to say the least. I will keep trying. In the mean time this case has gone on long enough for all involved! Its disgusting how all the victims have been treated by not just a billion dollar company but by court system and our own attorneys! I even contacted my state senator and congressman. Guess what I got an email that only spoke of their accomplishments….God help us all! I am beyond disgusted with everything.

Arthur
I was told the $1,500 checks minus fees are being delivered this week and next week. The settlement checks should be sent out in mid-July. May is the month of appeals from the people who didn’t make the settlement. So hopefully it will be over soon.

thomas
so many mind games on here with many of the post done by the same person under many different names this person really likes using names that start with a d maybe most the post on this site are done by him. A very sick twisted person trolls here. Its is all but impossible to figure out who is legit and who is fake with any confidence. advice is not to believe anything on here 100%

Laurie
I have kept all emails and paperwork since day one. The attorney is aware that I will keep this email and that I would not accept her apology. I really dont want to have to get another lawyer to see if I can get compensated on this since this case has taken a toll on me as it is. Trust me this isnt over not by a long shot and when the time is right there will be consequences to her actions. I have already contacted the ABA to see what they say about this. Hate to think what else she has said about me and other clients behind our backs!

joe
I feel sorry for the people that had there cases Dismissed. I don’t understand how those claims could have Actually even made it to the Claims administrator. Most claims don’t look like they even met the criteria. Are you sure your dismissal notices came from the claims administrator. To me it looks like they were dismissed before they ever made it to the administrator. You are just being notified of it now though. It clearly states you must have proof of the use of Granuflo And a cardiac arrest within 24 hours. Some are leaving out in there post, if Granuflo was actually used. Not that you think it was used,but that it actually was used. Some are Also not Stating if the cardiac arrest took place within 24 hours after use of Granuflo. Like my case states, Based on our review of your medical file with documenting use of Granuflo, with a demonstrated cardiac arrest within 24 hours. There should be no miss understanding of what that means. I mean it is pretty straightforward. I am a little confused on who Actually dismissed the cases and when they were actually dismissed. Thanks Denice for posting that you Recently received your point value. Some people are saying it is done If you recently received your point value it cannot be done. People have to realize there are different categories but they are not different settlements all categories must be resolved as in all claims Must be reviewed for all categories then it will be done. I haven’t received anything yet One way or the other ,so we shall see.

Joe
For Naturalyte The compensation for these claims will follow the same baseline and add on formula for Granuflo but Will be capped at 50% Of what the applicable Granuflo Award would have been. So as you can see Naturalyte Follows the same formula as Granuflo But the Point value award would Only be up to 50% of what Granufo point value would have been.What i am trying to say is the point value would be the same as The Granuflo point system but the award amount could only go as high as 50% of what you would have received in the Granuflo compensation fund. So if each person got a point value of 100 and lets say that equals $166,000 for Granuflo then Naturalyte claim with the same point value would only receive $83,000 at the most and that would come from the Naturalyte compensation fund, a $5 Million fund. Those are only examples i have no idea what the true award amount will be per point value . Arthur where are you seeing death head to occur to qualify? In my case death did occur but I don’t see it stating that it had to. in fact for the extraordinary injury fund. It states this is a $10 million fund (Pay attention to what I put in quotes) “set aside for Those claimant who qualify under the Naturalyte or Granuflo Compensation fund” But also present unique and uncommon facts Concerning their injury. Which may include Patients who suffer a cardiac arrest but do not pass in a sudden or near sudden manner and go onto receive medical care and experience pain and suffering for an extended period of time . Professor Green will be making the determination’s on Which cases qualify for this fund. This is were appeals are going to fall into play if there are any. Epiq Systems is NOT making the determination on extraordinary injury fund claims Professor Green is making the determination and he is the claims Administrator for Epiq Systems. So those cases will take a longer period of time for review and Professor Greens determination. This is where his decision comes in to play . Most points values NOt not associated with the extraordinary injury fund Those Are a simple point based value system. There is really no determination that needs to be made You either took Granuflo and died Within 24 hours And you’re Potassium bicarbonate level and time of death before the 24 hour deadline would give you add on points. As long as you have doctors testimony stating that more than likely Granuflo was the Cause of death. Then you are in the settlement Epiq Systems only has to look at the formula and determine your point value there is nothing more to it. However the extraordinary Injury fund Needs Professor Green to make a decision and determination. It’s not as simple as just Epiq Systems looking at a list of points and then adding them to your claim for whatever you qualify for. So here’s my point you must first qualify for the Naturalyte or Granuflo compensation fund that includes surviving a cardiac arrest after the use of the drug. However to get up to 2x the amount of what you would have in either the Naturalyte or Granuflo compensation fund. For The Granuflo compensation fund you only had to take Granuflo and had to have A cardiac arrest within 24 hrs . Now for the extraordinary injury fund you had to have a cardiac arrest within 24 hours. You did not have to die but you had to also receive medical treatment and you had to have Pain and suffering for a extended period of time. So for the Granuflo compensation fund you did not have to die. You just had to meet all the criteria for that category . Probably wont ne very many cases that survived and meet all criteria. i hope there are a lot that did survive but Unfortunately with how few cases there are,it doesn’t seam likely.

Kristine
I have been following this site since the beginning but have never posted. I found the information posted here very helpful but have just been informed by my lawyer that my case was denied due to failure to prove that granuflo was used. I was led to believe that I had a strong case. My case is being appealed. My husband had a cardiac arrest on Feb 11, 2010 and passed away within 24 hrs after his dialysis treatment. The dialysis center which was part of a health system network had an exclusive contract with Fresenius for granuflo and NaturaLyte at that time. Apparently that wasnโ€™t good enough because my husbands record doesnโ€™t indicate what was used. So much time has passed that no one can recall what was used. To top it off, DaVita has taken over this dialysis center in 2014 so they are not helpful. How have others been able to prove without question that granuflo was used? I do not hold out any hope that my appeal will go anywhere. This is so disheartening

Denice
Laurie your attorney was very rude and unprofessional, you are not crazy, all of the attorneys just want another paycheck and they are clueless about the pain that we have all went through on this case. I hope that you were able to keep that email, I would use it to seek damages for emotional stress against the law firm. The fact that she apologized does not compensate for the stress it shows that she caused stress to you, please consult with an attorney about this matter.

Denice
Hi Authur, I think there could be more than one Denice on here, Naturalyte was never in the medical files for my loved one case, and that’s not my post, thanks.

Shan
Has anyone received their second letter stating what the point values are?

Arthur
Laurie, my letter was also dated Jan. 5 from Portland, Oregon. As I previously have posted. 175 points is what one of my friends has received as well. Death within 4 hours of treatment. I didn’t receive my letter till the early part of March. That’s only because I called to see if they had received a letter from the administrator. 175 points is more belIeveable then let’s say 209 points It’s just more attainable. I don’t think many people are going to achieve between 200-275 points unless the lab points come in

Robert
I lost my wife July of 2012 due to cardiac arrest she was only 28 yrs old. I got a letter denying her case. She had two cardiac events. The first one was on July 3 2012 after dialysis. Her heart stopped for 20 mins and she was brain dead. She was put on life support because I believe in God and I know he can do anything and I wasnt going to give up but she never came back but while she was on life support the hospital was giving her dialysis. On July 27 she had another cardiac event while on life support. So our case was denied because her second cardiac arrest at the hospital they said caused her death and the hospital didn’t use Granuflo but the center she went to did which caused her first cardiac arrest and from that she went brain dead and on life support. I dont understand and they said that there’s nothing I can do.

Laurie
I wanted to know why my letter was dated January 5 but didnt get a copy until February 21 and when I asked I was sent an email “by mistake” that was sent from my attorneys legal assistant to him stating “she has gone down crazy lane”! Of course I replied to that with “how unprofessional of her” and got a call from the Attorney apologizing, she did not mean to send that to me and do not take it personally but I do not accept that apology! How much more has she said about me or other clients is my question? I am definately and rightfully upset!

Laurie
I pray it is too. Got my letter in January for 175 points.

Arthur
Denice in the past you posted that you were in the Naturalyte category. How do you end up with 200 points. That is a totally different category then Granuflo category. In your letter it tells how you received 200 points. In a earlier post I had explained how the points are given Here is your old post. Denise October 31, 2017 at 9:02 am Reply I received a letter from my attorney on 10/26/17. My deceased loved one is in the NaturaLyte category. โ€œA claims package is submitted to the settlement administrator for your case and includes all the documentation to show that your case meets the settlement criteria.โ€ Thatโ€™s just a snippet of the letter. I will be notified โ€œwhen the settlement administrator has completed their review and makes their determination for your case.โ€ That being typed, we shall see what happens. Howeve, my lawyer also stated in my letter that the process will be ongoing throughout 2017

Denice
Recently received a letter stating that our family is eligible for 200 points. Hoping this will finally be over by June.

Debbra
More and more and more delays…….

Joe
Sorry, that last post did not make a whole lot of sense. All I was trying to say was, if you had Proof of the use of Granuflo and a documented cardiac arrest within 24 hours. I don’t see how they could exclude you if your claim was submitted to the claims Administrator. You would be entitled to at least the minimum or base award . So I wouldn’t worry right now even if you did not receive a point value yet. It’s possible the lead lawyers do have all point values but have not Released them to all law firm’s yet. I was trying to explain the appeals may not be for the opt-in claims As of right now. There are other appeals that aren’t part of the opt-in claims. So when Arthur said his lawyer said they are waiting on appeals they may not be referring to the administrators Determination on claims. Those Appeals will come if there are any but they don’t have them as of now. They can only have them when everyone receives some type of official letter with the determination by the claims Administrator. Yes It is over. The settlement has been funded. If your claim or case was dismissed before it ever made it to the claims administrator those are some of the people that are appealing right now. Some of those appeals have been terminated and some have already been ruled on. I don’t know how many appeals are left if any. If you read that status conference reference to the settlement. It states Basically the judge just wanted a update On the settlement process. Meaning he probably wanted to know how many so far have been approved. Also the expected appeal date if there are any appeals . I don’t know exactly what was said at the status conference but I do know the lawyer said at the end of May they should have the appeals if there are any. Those will go before Judge Woodlock When they have a total number if any. So the way I see it is if you don’t have some type of determination or official letter from the claims Administrator by The beginning to middle of May. The likelihood is that you are not part of the settlement. You should receive some type of official determination before that. They’re not just going to leave your case in limbo and not Notify you of anything. That wouldn’t be morally or ethically right.Sorry, that last post did not make a whole lot of sense. All I was trying to say was, if you had Proof of the use of Granuflo and a documented cardiac arrest within 24 hours. I don’t see how they could exclude you if your claim was submitted to the claims Administrator. You would be entitled to at least the minimum or base award . So I wouldn’t worry right now even if you did not receive a point value yet. It’s possible the lead lawyers do have all point values but have not Released them to all law firm’s yet. I was trying to explain the appeals may not be for the opt-in claims As of right now. There are other appeals that aren’t part of the opt-in claims. So when Arthur says his lawyer said they are waiting on appeals they may not be referring to the administrators Determination on claims. Those Appeals will come if there are any but they don’t have them as of now. They can only have them when everyone receives some type of official letter with the determination by the claims Administrator. Yes It is over. The settlement has been funded. If your claim or case was dismissed before it ever made it to the claims administrator those are some of the people that are appealing right now. Some of those appeals have been terminated and some have already been ruled on. I don’t know how many appeals are left if any. If you read that status conference reference to the settlement. It states Basically the judge just wanted a update On the settlement process. Meaning he probably wanted to know how many so far have been approved. Also the expected appeal date if there are any appeals . I don’t know exactly what was said at the status conference but I do know the lawyer said at the end of May they should have the appeals if there are any. Those will go before Judge Woodlock When they have a total number if any. So the way I see it is if you don’t have some type of determination or official letter from the claims Administrator by The beginning to middle of May. The likelihood is that you are not part of the settlement. You should receive some type of official determination before that. They’re not just going to leave your case in limbo and not Notify you of anything. That wouldn’t be morally or ethically right.

Joe
I wouldn’t worry if you haven’t received a point value yet. I know some have received their value but not all have. It could be possible the lead lawyers do have All the values but have not released them yet. If you qualified for the plan of allocation (settlement) The likelihood is you will receive something as long as you have documented use of Granuflo and A cardiac arrest within 24 hours after use . The only way you would not receive a point value Is if they thought you took Granuflo and you really didn’t. If that was the case they never Would have submitted your claim to the claims administrator. That would be considered a meritless claim. It would have been dismissed way before it ever Made it to the claims administrator. I don’t Know Why people are talking about dismissed cases as in appeals they are making people believe that they already no Appeals if any for opt-in cases that were Dismissed they don’t no all appeals for people that opted in if for some rare reason they found a persons case to be in eligible after opting in would be very Unlikely he we. Everyone will get either a point value or a notice of dismissal or a in eligible notice . . Those appeals wont go before Woodlock until the end of May and they don’t even know if there will be any Appeals that were excepted into the plan of allocation (Settlement). However there are some appeals that are happening right now due to Statute of limitation there maybe other Reasons for the appeals. I don’t know what they are though. I know there are 84 cases Appealing. But what I see for those cases is that they have been terminated. I also know there were approximately 10 cases that they were arguing that just because There bicarbonate level was 28 or less should have the Option to have a jury decide the outcome of there case and should not have been dismissed. However from my understanding those were opt-out cases that had documentation of Naturalyte use. I believe the judge dismissed those cases based on the Dial trial outcome. The lawyers are appealing the ruling. The Dial case is also being appealed .So when Lawyers are telling people they are waiting on appeals. I don’t believe they are referring to the appeals from opt-in claims those aren’t known as of yet. There maybe none. There won’t be hundreds of those, or there may not be any but if there were any at the most there would probably be only a few. Those won’t take years to be done they will be done in a timely and quick manner. If there are any at all. People don’t understand There are more appeals then people are aware of. They have nothing to do with opt in claims. Did you ever wonder why their were only 2 Bell-weather Trials when there was supposed to be at least 8 . I don’t have exact details but it looks like our lawyers were trying to just dismiss one of the bell-weather cases. Out of the total eight and the judge ended up dismissing all of them. So right now they are appealing. That decisions. I don’t know on what grounds or anything about it.I just know it is in the Court of Appeals. However These are not opt in cases. They are not referring to opt in cases. Most to all are based on opt out cases.

Amanda
Larry me and joe, had told people several times there wasnt as many people left in the top settlement claim as everyone had thought. My lawyer said out his 650 something only 5 was approved. The reason for this was back last year I think not exactly sure on the dates but from what my lawyer told me was the cases he thought he had in the bag turned out to not even have a case at all because they tightened the criteria. You had to meet that to be qualified and even if u missed it by 1 min there was no case and your levels had to be a certain amount. So that’s when big wigs said OK well since we changed the criteria so late in the case they offered the 1500 basically to say sorry but not really sorry. As of today I still haven’t received aby thing don’t know how many points we was awarded or nothing. Praying for the best outcome.

Ramona
Well. This is only my 2nd post on this blog, but it will be my last as my case was dismissed. My mother passed ten years ago in june, she went in the hospital on a friday and was dead by wednesday. She had congestive heart failure and had been retaining too much fluid,and could not breathe, she had gone thru this before and no problems they got the fluods off and gave her meds and she went home, never had kidney dialysis before this time . We saw her saturdayTook her food she was fine,that night they gave her naturalyte to prepare her for dialysis, she on sunday was a different person, hallunicating crazy acting, we went home that night she had cardiac arrest. No more mom, they reciusitated her, and called us to say things were not good.she was basically gone.we took her off the machine on wednesday.our lawyer told us we had a good case, so we waited patientely, my brother passed away after 6 years ,waiting, im glad he didnt have to know the sorry outcome of this ripoff so called lawsuit. It would have broke his heart to hear in my dismissal letter that my mother died from the less toxic naturalyte, toxic it says but less toxic, ha what a joke.i pray someone on this blog gets something great outta this because unfortunately, in my opinion the lawyers are the only ones who won. God bless you all

Confused
Wow Larry!! This is terrible news!!!! However, I appreciate you sharing. I really “hope” our lawyers don’t let this happen to everyone. This is really unfair to everyone!!! Sounds like this was all for nothing. Our loved ones get little to no justice!! Where can we all go from here????

larry
Well, hate to be the breaker of bad news, but according to my attorney, with whom I spoke with last week, he said only about 32 out of his 250 clients will be in the top injury group!! This is not a good percentage!! He claims most Fresenius clinics were not using the Granu- Flo liquid!! This means approx 218 of his clients will only receive the minimum of $1500.00!! What a bummer??? This case has gone from a great case to win justice for people who lost loved ones to a total nightmare!! So why did all these patients mysteriously drop dead with cardiac arrest after dialysis treatments?? People have waited 7-8 years for this case to be resolved truthfully and fairly and most of them have heard their case was dismissed or they are getting $1500 after their loved ones were basically killed by Fresenius??? What a travesty of justice!! Joe, maybe you can explain how this went from a can’t lose case to a total bust?? Would love to hear your thoughts on the terrible way this case has been handled!!

Debra
I was told yesterday by paralegal they likely won’t know anything about cases cleared for settlement until closer to the end of April. That is when they will begin receiving information and not all cases will be cleared at the same time. They will get reports on a rolling basis. As soon as they know something they will contact me. All I know is I have been approved for 100 points.

Joe
Terrible news Thomas, I donโ€™t think I can be of much help. The problem is the timeframe is pretty long. You stated they had a shipment a year before your mothers dialysis then another shipment a year after. Are you sure Granuflo was used? You do realize Fresenius Manufactures more than just Granuflo and Naturalyte they also use and Manufacture Citrasate DRY โ€“ Dry Acid Concentrate . You could call and see if they had a shipment of Citrasate Around the time of your mothers treatment. You have to understand the doctor does not give a direct prescription for Granuflo Itโ€™s a general order whatever they have or are using at the time is used for the dialysis. If you really believe Granuflo was used You may have an opportunity to appeal. But you have to have some kind of merit to your appeal. I would call your lawyer and see what the options are.

Thomas
Hello everyone its me the guy joe mention about with the 39 biocarbnate level joe if they diqualifed me wat is a 3kt and a 2kt they are both granuflo products. Any way people its real i was rulied disqualified because of a vanish shipping record. Apparently they recive 3kt a year prior and a year’s after bit not the time of her death even though its proof that the facilty only receive fresenius products and the product was delivered but not that 3kt for a whole year they only receive a 2 kt and the sad thing is the nurse told me last week on the day of my mother’s death she use a 3kt that come from fresenius and the only prouducts they use are fresenius products so i can to this blog today with advise joe. Or any one can u please email me at chloekarizmaking@gmail .i need help in finding shipment records that i never new didn’t exist

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