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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

Arthur
Monique, pretty much in a nutshell this is how the points are giving. 100 is your base points, 75 if you died with 4 hours of treatment, 25 if in between 4hours-12hours, 0 in between 12-24 hours. Your lab works under 2 categories 25 if your level is under 4 in potassium levels and 25 if you are over 28 in the bicarbonates level, if you reach both levels I believe it’s an additional 50 for a total 100. Max points is 275. My letter came from Portland, Oregon. You stated your Mom passed at the clinic but was put on life support and died about a week later. I am not sure how that meets the criteria of passing within 24 hours. You should still have received 2 letters one from the administrator and one from your Attorney. I would look into it if I was you.
G2
I think when the lawyer said it’s done they meant for the person or case that received the point value their claim is done. They didn’t mean all claims were done. I don’t know for sure but they may have done the claims for state cases first. Only the people that receive the point values knows if they had a state case or if it was a Federal case. Also for the appeals I was told that was for category determination not point values. You can’t appeal a point value with out a dollar amount known. That’s how it was explain to me. I don’t know if it’s true or not. I was also told appeals would be very few if any. Again I don’t know if that is true or not. I didn’t receive a point value yet either. I had documented proof of a cardiac arrest within 24hrs and documented proof of Granuflo use the day of dialysis. The date also Falls in line with the Parameters of 2002 – 2012 it occurred in 2009. All documents were submitted to the Claims administrator There is no way all claims have been reviewed and it is done. I would have received some type of letter one way or another. I called my lawyer and he said for his law firm point values are still coming in. He said he thinks at the maximum 60 days but he expects more in line with 30 days they all should be done. Who nose if he is telling me the truth or not,we will see.
Angie
I’ve posted on here a couple of times. I too, hadn’t heard anything up until last week when I decided to call the attorney’s office. I was told there are roughly 7,500 plaintiffs left in the lawsuit. Out of the about 7,500, roughly 5,500 are being sent checks for a flat amount of $1500. He said those who were receiving the $1500 would be the first ones paid out sometime in the next 60 days. I inquired into the point value I was given a couple of years ago and asked if it was accurate or just a guesstimate….he said it was an estimate, but accurate and might even go up. I also asked when I could expect to see something in writing, he said within 60 days. I stopped believing them along time ago…At this point it’s whatever. I am in my journey of healing and after almost 6 years, am learning how to live without my dad.
Amanda
Well spoke to my attorney today and we’ll still at knowing nothing and said they didn’t epext to receive any updates any time soon. So basically nice way of saying don’t call.. which I guess they do get aggravated but so do we. No letter from claims administration so guess waiting on that..
Monique
Arthur…. I don’t know how much I’m receiving. I was told my point value by my paralegal. I called and asked for an update on my case and she told me, that my case was approved for granuflo and my point value is 200. She stated, all they are waiting on is payment. How long that will take??? Don’t know. What’s not adding up??? I’m only stating what I was told. Im waiting just like everyone else.
Kim
I have not received any letter from anyone. I’m assuming I’m still part of the settlement because I haven’t been told otherwise. I called my lawyers office last week for a status report and received a voicemail back from the paralegal saying “no, we have not heard back yet so we’re still waiting to hear back from the settlement committee for the claims administrator. As soon as we do I’ll give you a call but check back maybe in 30 days to see if we have any new information.”
olia909
what’s going on with this? everything was supposed to be taken care of by the first quarter of 2018. it’s almost april.im so confused and frustrated
Reid
I is a first post on this as my sister died from the settlement. I was told by my lawyer in New York that they are still waiting on my sister claim. Is this true? Are they lying to me. I am going to see by April. Did everyone already got their claims. Thank you for your help
Arthur
Monique just curious how do you know how much you are receiving. Nobody knows that but technically you should of received a letter stating your points. Such as time of death, cause of death and lab works. It’s not adding up.
larry
Are there still many, or any people who are involved in this lawsuit, that have not received a letter from their attorney-and,or from the administrator?? I was told everyone still involved would receive notice by the end of Feb!! Thanks to Joe for his updates!! And yes, I have to agree with the person who asked if anybody, and if so whomever, has been receiving interest on this money that Fresenius alledgedly paid in Nov 2017!! That means the money has been sitting somewhere, over 3 months???
Joe
Arthur, I don’t think you understand it completely. The 15 day appeal process is Mark from the day you get your point value letter. So the people that got Their point value letters would have 15 days from the date they received theirs. People are receiving letters periodically some received them January some received there is February and some will be receiving their’s in March and April 15 days Will apply to the date you received your letter. I mean I don’t know what your letter says but your lawyer cannot skip your option to appeal that would be illegal. Let’s say someone got there. Letter January 1 they would have until the 16th to appeal And if you got yours March 8 you would have until the 23rd. I mean I did not ask my lawyer but maybe it is only for a selected few that believe they should be in the extraordinary injury fund and we’re not moved. Maybe you have to have documentation that is questionable. Meaning it is possible it could be moved if they clean the administrator verify that. So I don’t know maybe you’re right maybe not all cases can be Appealed. But I doubt very seriously it would be for the people that did not make it in to the settlement or after the claims administrator look it over determined it was not valid. There would be nothing to appeal there you either have the documentation or you do not. If I asked my lawyer he would tell me if all cases have been reviewed. He said they are coming in daily why would he say that if it was not true. He would just tell me I’m sorry but it doesn’t look like you’ve made it into the settlement. He wouldn’t give me a line about claims are still being reviewed. There would be no reason for that.
Arthur
My letter was sent to my Attorney on January 5, 2018. I just now received my letter from my Attorneys on March 8, 2018. If I hadn’t had called to see about my letter I wouldn’t have gotten it yesterday. It was just sent regular mail not FedEx like my friend. And yes there is a 15 day appeals process which is already over. But what my firm had said the people who didn’t get accepted in the settlement process have unti Mayl to be heard by the Judge. Monies should be distributed by June or July.
larry
I still have not heard anything from anybody(attorney or administrator) on this suit either!! The last recording on my attorneys phone messages is dated Nov 29,2017. He stated they should be through will all claims within 90 days, which would have been at end of Feb!! He has posted no new messages so I assume more delays again. Now I am hearing on this site that appeals on cases will go til end of May!! This is so ridiculous!! Every time you think the end of this case is near, more delays occur!! I am strongly starting to believe this lawsuit will go into 2019!! What a joke!! Everyone involved in this whole mess of a case causing these delays should be ashamed of the way it has been handled!! Fresenius should have had to pay a million dollars to each family that lost a love one due to their negligence!! You can bet they will continue to find reasons for delays to finalize this case!! It should have been resolved by the end of 2017!! Too much talk- and not enough action!!!!
Monique
Hello all…. I have been reading you all posts for a while. We all are going through a tough time due to the circumstances we all are in. I lost my mom March 24, 2009. She flat lined at the dialysis clinic. By the time they could have resuscitate her, she was already brain dead. We took her off the ventilator April 1, 2009. That tore my brother and I apart. My mind wasn’t right at that time of my mothers death, so I didn’t pursue to go after the clinic then. I wish I would have then. We may have been way compensated way more than we are now. But that still wouldn’t have brought my mother back. Do they need to pay, yes? But it is what it is now. I have been calling my lawyer office every week to check my status. I was told that, everything is done and I was approved for the granuflo and my point value is 200. Is that enough to compensate my brother and I, no. They say, all they are waiting on for me is payment. I’m so ready to get this over with and go about my life. My mother life was way more important than any amount of money, but they should have paid us way more than what we are getting. Good luck to us all!!
Debbie
I went back to the beginning of this forum. it started in May 2015 so this May it will be 3 years in addition to when we first filed which was 2011- 2012? So that’s 7 years. I just want to know if the “fund” has been collecting interest all this time. That’s a lot of money in interest to whoever is collecting on it.
Amanda
Joe, yes I still haven’t received anything regarding the amount of points we received on my mom’s case. We actually hadn’t spoken to our lawyer since the last time. So don’t know where we stand at this point. Hopefully soon we will know something
Joe
Arthur, I also talk to my lawyer I talked to him last week.He told me about the appeals and I wasn’t sure what he was talking about, so I asked him am I still in the settlement. I don’t understand what you are talking about appeals for , He told me I just wanted you to be aware of it because there is only a 15 day timeline to appeal. Then he explained to me Basically the appeals are for category placement. The appeals are not for the points you are given. I thought about it and it makes Sense. Discovery has been closed for years now. What your lawyer has for medical records is it. He Submitted all document he had. No more can be submitted. So how could you appeal the point value with no more medical records submitted to the administrator. We no that is not possible. Now here is what I mean by category placement. We know you have to first qualify for the Granuflo compilation fund. Then Master Green moves you claim to the extraordinary injury fund if eligible. That is were the appeals fall in to play. Say Green does not move you claim to the extraordinary injury fund and you believe you qualify for that category. Let’s say you survived the cardiac arrest and had pain and suffering and have documentation of that. Say doctors notes therapy Rehab and so forth. Then The determination will be made to move you to the extraordinary injury fund. But let’s say you are missing some of that documentation but you had pain and suffering But we’re not moved to the extraordinary injury fund that’s where the appeal falls into play. You can appeal the category placement. Then it will go before Judge Woodlock For determination of your Appeal. Same Thing for the the kidney transplant list. But most likely those are cut and dry they were either on A transplant list or they were not. So I doubt there will be very many if any from claims that were on the transplant list. Also If the person was on dialysis for acute and not chronic reasons like Kidney failure and the administrator believe it was chronic not acute and does not move the claim to the extraordinary injury fund that would also be grounds for appeal. You can see those are all valid appeals if they happen. Most of the time the administrator makes the right determination. According to my lawyer appeals will be submitted at the end of May Appeals are not taking place as of now. To prove this I will post what came from the court documents at the status conference before Judge Woodlock “Gotz provides court with an update on the settlement claims process and appeals. If necessary, appeals will be submitted to Judge Woodlock at the end of May.” As you can see the appeals will be submitted to Judge Woodlock at the end of May. I was also told point values are still coming in. So as of now not all claims have Received point values. I don’t know What claims are still being reviewed But there are claims that are still under review.
Judy
Can someone explain what are you appealing? Is it you didn’t qualify after your attorney sent in your claims for? I’m confused to what is being appealed.This is one stall after another.
Arthur
On the 1st of March I called my lawyers about the results of the process to see if I have been approved for the settlement. She said I had she told me my points and that the Attorneys were holding back on the notifications letters. She said that the Judge had granted 2 or 3 months for the people who were dismissed in this point process to appeal there cade. I hope you all know that the Attorneys ahead of time determine what your point system should be and that the processor agrees with them. So technically they don’t want you to appeal the points that are offered to you. My dad’s lab work was under 28 and over 4 for the extra criteria. But he did pass in between 4hrs to 8hrs. Since I haven’t received my letter I can’t appeal a damn thing. Go figure.
Amanda
Has anyone received word as to when the dead line is for the claims administer. Or is it one? Joe would you happen to know If they have to be done by a certain time or is it one of those they will be done when they get done type of ordeal.
Confused
Thanks again for everyone posting. I’m one of the parties waiting on an appeal. I read via a online post that the appeals are going back to the Judge for review in May (the date this was decided was 2/1/18). My lawyer says they are just waiting for the judges decision, but the lawyer never gave me a time line. So for those waiting on an appeal my understanding is that it goes back in the hands of the Judge. So hopefully, there may be “special considerations” for those not yet approved. I really hope we can have some final answers by May. Best of luck to all of us!!!!
Joe
Not sure what you mean Arthur they are holding the point value letters until all the appeals are done. That’s not what my lawyer told me he stated once he receives the point values he sends them out. However he did state point values are coming in daily. I’m not sure what you mean when you say they are Holding the letters until all appeal process are done. You can’t appeal anything without knowing what category you were put into. Are you referring to the cases that are appealing,that were dismissed sometime ago and are now appealing. You could not appeal category placement if you are in the settlement without a letter stating what category you are in and what your point value is. You have me confused something doesn’t sound right.
Joe
Point values are basically coming in daily to the law firm‘s. It’s still on going with the claims administrator . But within the next 60 days everything should be completed everyone should know their point value and award amount within 60 days or before This information came from my .lawyer Just talk to him yesterday evening. So not all people have received a point value yet but within the next 60 days or before you will definitely know something.
Chris
The letter you are addressing is this a letter with the conversion of points to a dollar amount? Did they indicate if the review of liens has been completed? Perhaps this is being addressed at the same time, while they are waiting for the appeal period to expire. Just wondering if you got any additional info. Thank you for your information.
Joe
Appeals have to be in by the end of May . The appeals are not for the point values only for the category placement. The point values are final. There is no appealing that, however your point value will increase if you are moved to the extraordinary injury fund. There are some cases that are still being reviewed. Many have already been reviewed but there are some that are still going through the process. My guess is there is something questionable in there file And the administrator has to take a closer look at it. As for the point values People that have received letters with point values could probably explain the point value System. A lot of the lawyers are waiting to send award amount letters Rather than just a point value. It’s really up to your law firm If they want to send you a point value or wait until the award amount is known. There is no guarantee there will be any appeals. Here is a quote from the status conference. “James Gotz provides court with an update on the settlement claims process and appeals. If necessary, appeals will be submitted to Judge Woodlock at the end of May. “ So there it is,I don’t think all cases have been reviewed at this point I believe a majority of them have been but not all.
Kim
Arthur – what do you mean by “they are just holding the letters until all the appeal processes are done”? How do we know if we want to appeal or not if we don’t receive the letter? Or are you talking about the letters that state the award amounts? I haven’t received a letter yet amount the number of points, Have they already mailed all of those letters?
Daniel
I would like to know who the administrator is and how they determine who gets it and who doesn’t and how the appeal works I’ve been waiting five years I think it’s a crock of s*** and nobody’s going to get any money but attorneys they’re the only ones that get paid why does an administrator decide who gets the money I already opted in I think it’s a bunch of crap thank you
Arthur
I know that if you died within 4hrs of treatment receives 75 points. I am not sure what the next cutoff of time is. Either 4-8 or 4-12. What is the points for the next level 50 or 25. Anyone know. I called today they are just holding the letters until all the appeal processes are done.
Susie
So.. My mom has been gone 9 years because of this terrible drug.. We still have not received any letters or points.. She died hooked up to the machine I was 7 months pregnant 3 weeks before my wedding.. I’m a single mom.. any money from the joke of a lawsuit would change my life!! But this going on and on this date that date has me so upset then the lawyers will be getting more money then us and they didn’t loose anyone!!!!!!!!!!!!!! Is there a light at the end of the tunnel!?!?!? I feel like contacting the news about this!!!!!!!
Marie
Joe, You get 100 base points and then you get 25 points added if it is less than 4 hrs the cardiac arrest. Then you get 25 if the level in the blood was a certain number and then 25 for a couple other categories. I don’t have it in front of me. Can’t remember other reasons you got points added. So you can appeal for example the time of incident if you felt it was less than 4 hrs or if you have proof of levels in the blood being higher. I though my moms was within 5 hours but I had the wrong times. She missed it by like 15 minutes. They gave me until Jan 31 to appeal. My turned out to be accurate so I didn’t appeal anything and I accepted the point value given to my moms case. Not sure what each 25 points will equal to in dollar amount. I am sure it depends on amounts of people still in the settlement. I saw someone else got the full 200. My mom did not due to time and her level of bicarbonate. She got 150 points. Just glad to know it is almost over and they admit her level was high so it caused the cardiac arrest. Just wish I could have my mom back.
Joe
Judge Woodlock ordered the administrator to reimburse plaintiff law firms $11,553,709 for capital contributions and held expenses $25,799 For common benefit invoices. $50,000 For future common benefit Expenses. Just some of where the moneys going as you can see it says reimbursement that means they’re just getting repaid for what they have already put into the lawsuit. The 40% from each individual case will be there profit.
Chris
Joe, I thought about my reply and wanted to thank you for your input on this cite.We are all heartbroken over our loss. I hope everyone receives the letter from the claim administrator, is the result of this suit help me feel better? NO! I am taking a pro active stance. I am currently researching how regulations FDA, medical protecalls intersect . Fresenius is contracted with the federal goverment to provide kidney treatment to Medicare patients. The Federal goverment as you Notice did not get involved in suing Fresenius on behalf of the public.yet awarding mega million dollar contracts. On another subject, the monies set aside for attorneys ordered by court are for the attorneys who actually were leads and did the litigation. We individually are still required to pay our attorney the agreed to % out of our award. Understand that our individual attorneys gathered documents,paid filing fees,paid for clerical staff. The lead attorneys litigated,did the pretrial research etc. Our attorneys accessed our case and handed of to litigators.They also when needed follow up on evidentiary request for litigation team.My background is in the legal profession and I know they did work for the % you agreed to.Those litigators had to pay for the experts, transportation for experts ect. You can not imagine all related cost.I have no axe to grind on this point. Wishing everyone well.
Chris
Dear Joe, I also received a letter from the administrator stating my claim was approved. The appeal related to the number of points was 12 days from the date of receipt of the notification.The bases for the appeal I’d related to each level of points. 1) granuflo used 2)chemical numebers 3)death or injury, then any evaluation of extraordinary circumstances. This catagory is for persons who were on the kidney transplant list,died way latter, or suffered in the hospital as a result of the treatment. There would be very few in that category. That is the area that is subjective,because this catagory would not necessarily have passed within the time set forth, or did not die at all. They would have to have the chemical levels,plus received granuflo, suffered an injury within the time frame BUT may not have passed on immediately.The point value is not the purpose of appeal, it’s the number of points allocated. Hope this helps.
Joe
Thank you Debra and Marie and Dora. It helps me understand a little better. I guess what my lawyer Meant when he said cases are still under review is that some cases are still under review. He obviously didn’t mean all cases. The people that did receive a point value, it must be a relieved to know you are definitely part of the settlement. That has to be a big relief and you know more than likely the drug was the cause of your loved ones death. Marie, maybe you can help me. i don’t understand how you can appeal just a point value? I know you are not appealing. I don’t really understand how you could make a determination on just a point value without knowing what the point value is going to be worth. I mean if the point value you received was only worth $10,000 You would probably appeal that point value and if it was $1 million you probably wouldn’t Appeal that at least that’s my guess. What my question is how can you Appeal just a point value without knowing what the points are worth or what the award amount will be. Don’t you have to wait until the award amount is given before you can appeal. I never heard of appealing a point value with no award amount known.I hope you understand the question and any response would be appreciated Even if it’s just your opinion. I do believe you’re right somebody has to be the first to get there award points. Very possible you are one of the first along with a few others. Its not That people do not believe the people that have shared Their information. Try to put yourself in other people’s position if you were told cases are still being reviewed but you see a few people stating they received a point value that came from the claims administrator. You would probably question it. Its not that I do not believe you,but I see conflicting information from the past. If you look back I am the one that stated you should be receiving a letter shortly Before anybody ever received a letter. Sometimes it’s just hard to remember what is Going on in this case. I am happy for the people that have received points remember though Points really have no value until all points are given out to all Claimants That qualify. At least that’s my understanding Who knows if I am right or wrong.
larry
I have a ???? for Joe or whomever can answer it for me. I have seen at least 3 posts on this site where they state attorneys handling this lawsuit will be getting 27.5 million dollars, or 11% of the 250 million. Can someone tell me what this if for?? I understood it to be the lawyers would get 40% of the 250 million, or 100 million of the settlement amount, leaving 150 million to be divided amongst the plaintiffs. Now are you telling me the lawyers are getting 100 million, plus another 27.5 million of these settlement funds!! If so, WHY???? I really appreciate peoples posts on this site but the case has been a big joke. Everytime you see a silver lining to the end of this lawsuit it extends another 3-6 months for something else. I believe the initial date a lawyer was consulted by me was 2011!! Folks, thats 7 years ago??? The case has always changed course, usually for the worst!! I am gonna say it one more- Fresenius, a multi billion dollar company, used dangerous and deadly products in their dialysis patients, which caused the deaths of prob thousands of these patients. They should have been held accountable for a lot of the deaths associated with these deadly products. The way this court has allowed Fresenius to take the easy way out is ridiculous!! Apparently none of the people that accepted this settlement lost a loved one due to the Fresenius deadly cover-ups and lies!!
Marie
Joe, my letter came from the claims adjuster and didn’t give me till January 31 to appeal the point value I was given. I actually did not agree with the point value that I was given so I called my lawyer but he explained to me why I got the value that I did. After that I understood it and we did not appeal and I excepted with the attorneys verbally the offer. The letter basically stated if you did not appeal by January 31 then that meant you accepted the points you were given. Maybe I am one of the first people to get the letter. I just received it within the past 30 days. If this site would let me take a picture of it I would. The total point value is 200 points. I did not get the full 200 points. My mom got 100 points +50 points. She actually had her cardiac arrest 4 hours and 15 minutes after dialysis. It had to be under 4 hrs to get 25 more points. I was not aware that her dialysis had stopped at 1:50 PM that day. Her typical dialysys always lasted till 4 PM. She was in a rehab facility though so it probably got bumped up. She was only in the rehab facility because she kept having confusion issues when she was only 65 years old. We now know that the high bicarbonate levels were causing them.I got the call at 6:30 PM. So I assume the arrest happened at 6pm Because they found her down after 15 minutes and coded her before calling me. I am not sure why it is so difficult for people to believe that some of us actually have received letters. I was told as they complete a file they send out the letters. So I’m sure others will be receiving their’s as they are finished . Again my attorney feels that everything will be done by June of this year. I have no reason to make this up. Only trying to share the truth and what my situation is.
Amanda
It’s been a headache that’s for sure but maybe soon it will all be over. Things come up I get it. And people that were denied are upset because for years thinking they had a rock solid case to be told well now you don’t the criteria changed and you no longer Meet it. So here’s a little hush money be happy with it is all you are going to get so hell yes people are mad and frustrated. Some didn’t even qualify for anything. Joe pretty much everything you have said my lawyer said too
dora
I received a Claim determination letter dated 2/5/2018 from the Claims Administrator. It states the claim is APPROVED and total points are 200…whatever all that means. The paralegal said they don’t know the cash value to the points yet and not when they will.
Marie
In regards to the common benefit Joe mentioned and the article below I guess attorneys and administrators will get paid too, $27.5M has been deducted from the $250M. Attorney Fee Trends in Multi-District Litigation: What is “Common?” Joe does this mean that we don’t have to pay the attorneys the 40% or are they double dipping since they are getting theirs upfront 5/19/2015 Note: This article appears in the May 2015 edition of Barnes & Thornburg LLP’s Commercial Litigation Update e-newsletter. Common benefit funds are generally financed by requiring defendants to hold back a portion of the damage or settlement award recovered by plaintiffs. See Phipps Group v. Downing, et al., No. 14-786, 2014 WL 7477017 (2014). Plaintiffs’ attorneys who provided a common benefit to plaintiffs may then request an allocation from the fund for their fees.
Debra
Joe my letter showing awarded points was from Claims Administration – Granuflo/ Naturalyte Claim Program out of Oregon. It showed that I was approved for 100 points (the base). My husband died 6/2009 of cardiac arrest just under the 24 hour threshold. No $ amount set until all are reviewed, appeal and checked for liens. I was told we would not know anymore until April. Thanks for explaining all this in the above post.
Joe
September 2017 you must have meant 2016 September 2017 is only like 5 months ago. There are people on here that have been in this lawsuit for years and years. Here is the thing and this is not a Estimate or a guess it is the fax . Your case must consist of a Cardiac arrest occurring between the dates of April 1, 2002 and December 31, 2012. anyones time of death or cardiac arrest after 2012 will not Qualify. Those are Factual dates not a guess. Heart attack or stroke Do not qualify It had to Have been a cardiac arrest. A person’s heart must have stopped and not from a Heart attack. Along with the cardiac arrest It must have happened within 24 hours of the last use of Granuflo. It is not what I think it is the plan of allocation those are the facts. I don’t know why some people seem to be ignoring that. I have posted it multiple times. As for the people that got estimated award amount or even Estimated point values. I don’t understand that. The letter should have had the plan of allocation. Conditions for participation, Including A limited time to appeal Epiq’s Determination to The judge Douglas P. Woodlock.. Information about signing a release form.Which has the effect of ending the lawsuit Against Fresenius. It should also have Your Claim. Stating documented medical Records for use of Granuflo or Naturalyte and documented cardiac arrest within 24 hours if Granuflo or 12 if Naturalyte. There should be no estimate of award amount or Estimated point values. There should also be deductions from the gross settlement award which will include your law firms compensation amount From the gross settlement award. It also stated over 1000 or more will not be able to prove Granuflo or Naturalyte were used And will not be eligible to participate. I wonder how people are stating they received a point value recently from third-party claims administrator witch is Epiq’s. Master Green is not the administrator he was just the One that approved the allocation plan . Anyway how could someone get a point value when the settlement Memorandum and order was just given February 1, 2018. Not saying I don’t believe it, but it doesn’t make sense. The people that stated around May 2018 sounds More realistic. When i talked to my lawyer last week he said claims are still under review. I mean i don’t know it could be Possible some people got a point value. I have been trying to tell people there are not as many claims as once thought. I don’t know how Else to explain it. I mean he main MDL 1:13-md-02428 total parties are 444. .We are all part of that MDL. Of course we all have a different case number but we all are part of the main MDL. All lawsuits are consolidated into MDL case Number 1:13-md-02428. I mean I can’t explain it any better than that there are 444 parties that includes lawyers. I haven’t counted all lawyers but i do know there are quite A few for both sides. The settlement amount for some will be life-changing and others will be very disappointed. Everyone has this stated in there opt-in settlement form somewhere But I don’t see it mentioned anywhere by anyone. “By opting- in You will be legally bound By the determination Of eligibility By the claims administrator As well as the amount of compensation if eligible”. So how could Lawyers give estimated award amount that baffles me . How many of those people that got a estimate award amount Think that their case could possibly be determined to be not eligible by the claims administrator. Probably nobody thinks that that receive the estimate award amount. Everyone that got that estimate of award amounts believe they are guaranteed something. They seem to think it just depends on how many people are in the settlement and unfortunately that is not the case there could be no Estimate of award amounts until the cleans administrator Has made his determination. Nobody is guaranteed anything. I don’t even know where these point values are coming from. I mean I Believe there is some Kind of value that will be given out But in the plan of allocation I received back in 2016 it just stated it will be based on a formula. It doesn’t state what that formula is. The memorandum and order makes it official the settlement will now be funded. I know most of us knew this already from what our lawyers have told us but the judge has just ordered it so it is now official the award is being funded meaning the settlement is being funded paid or Released should I say. And the lawyers are getting their compensation $27.5 million 11% There may be exact dates in the memorandum I am not sure have not read it.
Joe
So a hearing was held January 30, 2018 i should have posted that before I posted the memorandum order. Not sure how people are getting point values already but I guess it could be possible, I don’t really know. Anyway It looks like the appeals process if there are any appeals would be the end of May. So we all know there is a short period to appeal.I forget what my lawyer told me maybe 12 days or something. So we all should know by May 15 or somewhere around that date.Everyone should know the amount they are going to receive . We should all know around the same time due to the appeals process. May 15 is not official it’s just an estimate but for sure we Will know by the end of May. Tuesday, January 30, 2018 1989 minutesMotion Hearing Order on Motion for ReconsiderationWed 2:57 PM Clerk Noted for Status Hearing held before Judge Douglas P. Woodlock. Stay remains in place until Court issues Memorandum and Order on the pending Motions for Summary Judgment, James Gotz provides court with an update on the settlement claims process and appeals. If necessary, appeals will be submitted to Judge Woodlock at the end of May. Defendants will withdraw their Bill of Costs in the Dial case 14cv11101 . Plaintiffs Motion for Rule 60 Relief from Order of Dismissal1888 is Withdrawn as MOOT. Parties to file an Assented to Motion to Dismiss product liability counts vs Fresenius in the Garcia case 17cv12105 , and thereafter, the case will be ripe for remand to state court in New Mexico. No opposition having been heard, the Court will issue an Order on the Plaintiff Leaderships Petition for Award and Allocation of Common Benefit Fees1982 . No further hearing necessary to be set at this time. (Court Reporter: Brenda Hancock at brhancock@msn.com.) (Beatty, Barbara)
Anthony
I went into cardiac arrest while still in the chair woke up today’s later in the hospital.im blessed that I survive the ordeal. But like I have been saying from the beginning we was sold out from day one. Who you go to court with 10.000 plus cases and lose you trying to tell me not one of those cases fit the criteria to win. Think about that. So no one should be surprised with the antics of this case. I be happy when this is over so I can move on. I won’t be surprised if this case goes on until next year. What a legal sham
larry
Also I dont understand Dons post. You mean to tell me his lawyer is charging him an hourly fee in addition to receiving a 40% lawsuit fee. So for what reason would he add more fees onto this legal service?? Medical records possibly but to me most of his actions on this case should have been satisfied with his 40% legal fees paid by this settlement!! Anyone care to comment on this post????
larry
Joe, I really appreciate all your posts on the kidney dialysis lawsuit updates. However, I believe folks on this site would appreciate it if you explain your posts. Your last post only gave a brief court doc but you need to explain what this is and what it means to us non legal people. Thanks for your help. Noticed not many people posting at all on this site anymore?????????
larry
You know I keep seeing all these different posts on this site. Different people are being told different things by different lawyers. Totally ridiculous!! And I am not talking about the people and comments that are posted. I am talking about this system and process in this suit. Everyone still involved in this lawsuit needs to be advised on the current status of where this suit stands. We need to hear from the administrator or someone handling the matter, since most lawyers seem to be in the dark on the matter. This 5-6 year court case has been a big nightmare for a lot of people involved. First you lose a loved one suddenly because they have been killed by the carelessness and malicious actions of a multi billion dollar company. Then you go through hell waiting 5-6 years for an MDL lawsuit to be settled. It is high time this case and matter be settled once and for all!!!
Confused
Thank you everyone for contributing here. This site helps!!!! I’m totally confused. Signed a document to opt -in during 2016. Was told by the paralegal to wait for forms to sign & agree with the dollar amounts from the administrator. Was told in 2017 the forms would arrive in 2018. Then told in January 2018 my case was denied, however the lawyer would be appealing, because they still believe they have a case. Haven’t gotten anything from them in writing since 2016. I’m really confused with this entire situation. I thought the administrator wouldn’t deny anyone. This has been painful enough & now a huge slap, kick and punch to the face. God help us all!!!
Melany
Joe, what does your comment mean?
Debbba
Joe, what does this memorandum mean?
Terrisa
Joe , what does that mean about the order regarding award and common benfit fees?
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