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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

Kevin
Candies, I hope that was a typo of the year you submitted paperwork of September 2017, that means you have only been involved for 6 months ??? And Joe when you post something has you did on February 01 what does that mean??? I only wish this would come to an end soon for all of us, I submitted paperwork in August of 2011. I have been given my category and my point value, and no other information from my lawyers except soon!! I want closure so bad. This has been the worst drawn out process I have ever seen. Fresenius has given the 250,000,000 already that’s in escrow and for the lawyers they are not getting on more then their 40% so know one is benefiting frpm not closing this up. I wish everyone good luck and I am deeply sorry for those families that have been denied anything from this due to all the restrictions that came up.
Debra
I was told there was appx 7500 submissions. They all go thur review, appeal and check for liens first before we get a $ amount per point. They told me we will not know a value per point until closer to April.
Debra
Joe what does that mean?
Joe
Thursday, February 01, 2018 1988 4 pgs order Order Thu 4:27 PM Judge Douglas P. Woodlock: MEMORANDUM AND ORDER REGARDING AWARD AND ALLOCATION OF COMMON BENEFIT FEES re [ECF #1982-1985]. (Beatty, Barbara)
cyndie
I am so disappointed in the litigation process of the case. I have an attorney on the steering committee and have not spoke to an attorney in years-I am constantly sent to a paralegal. I sent in all paperwork originally and thought this process would proceed in a timely manner. The process is at a snails pace to give Fresnius a chance to collect increased profit from interest. It seems no one knows anything —-what kind of legal process is this?????? It is Feb 10–dads papers were submitted in Sept of 2017—there is something wrong
Elle
It seems that the less we were advised the less work and information was given. The first letter gave range of monies based on expected cases initially. Category 1 I believe ws $87000 before shared costs and attorney fees. If u read all the posts, changes were directed at eliminating cases no longer qualified or changing criteria determining parimeters. As eligibility changed so followed eligibility of cases and suddenly those originally qualified, no longer were eligible. I was told I was a base case, but no definition or advisory further. I read the motions from joe abt cases n the pattern seemingly was to dismiss.. My attorneys r on the “steering committee” and yet there are no definitive numbers yet, the examiner ihas not completed work. Once again I certainly complain that little to no consultation has been made available before or during this work “on my behalf” . As suspected the cases are now less. Sadly though, I feel the monies might still not be far off from the estimates in the first letter. Any questions I hv asked have met with push back, no loner any hand holding, or guidance. More often, “this is it,” and nothing further. And “this is it” will be a very costly attitude for us. ths categoeies exist, there r points not bsed on time and blood work rwsults, the medical info submittwd on ur behalf n then confirmed by the examiner, u will have a small window to contest if u wish, and then off to lien check. and at some point, the number of eligible cases will b known to the steering commitee, we will receive something, but will we ever know the final totality of this case?
Amanda
It seems here lately everyone is getting conflicting numbers and truth is no one knows really. I don’t believe there are 2000 but he’ll who knows anymore. Just stating once agian what my lawyer said. That is was only hundreds and then in the post dated from the 31 of December as someine stated above showed the amounts by state and was no where near a thousand. But they are going to do whatever they can to pro long this and for them to keep as much money as possible. I’m seriously just to the point I’m over it they don’t honestly care about any of us or any of our loved ones that passed.
Don
Probate lawyer charging 400/hr been on case for years!! Asked to see how much spent he said hell get back with me! And its not coming out that 40% lawyer fee
Marie
Can someone pls provide the accurate claimants in category 1, I talked to my attorney today and was told there were 2000 claimants submitted in Category 1 – Granuflo and 50% to 75% were approved, 500 claimants in Category 2- Naturalyte, and 5,000 in Category 3 APA- $150, totsl of 7500 claimants, but I’m hearing rather reading numbers in the hundreds for Category 1, which is correct what can I find factual info why are there such s big difference in numbers.
larry
You know I kind of agree with Elle. This whole dialysis lawsuit has been screwed up from the beginning. The lawyers told you it was a sure fire case that should be won. It started out as NaturaLyte and Granuflo were the poisons used in dialysis, then NaturaLyte got dropped all together. Started at 10,000-12,000 cases, then thousands of these got dismissed because the time frame of your loved ones cardiac arrest kept changing( I hear now death must of occured within 24 hours)!! This whole 5-6 year court case has been a nightmare. Bottom line is this company caused several deaths and injuries to a lot of innocent people and their families and a lot of affected people will not ever get anything. But, yes, the lawyers will see their40%-50%!!! Prob have already got their money. No amount of money will ever replace the loss of a loved one but all this case has done is add insult to injury, salt in the wound. Like Elle says, something needs to be done about these court cases in the future to insure there is justice and right done for all victims!!!
elle
our judicial system needs to reform MDL’s. they r a best contrived avenues for enoromous amounts of money, not paid out to the individual dmaged plaintiffs. this MDL started w abt 12000 after bei g drawn in by promises of compensation to families of lost or ill plaintiffs. often the same legal firms r appointed to steer the enormous tasks of co figuring settlements, setting criteria and meeting w defendants, all for the plaintiffs represented! lets see how many cases survive and if an MDL was really the correct and best choice, bsed on ALL the legal fees paid to firms vs the consideration of the damages for the plaintiffs. and consider the representation by ur legal representatives that have little communication or interaction w those they r meant to represent as reported in these posts. how many years, how much interaction? how much renumeration, consideration for ur loss? so why an MDL?
Sue
I’ve been reading these posts for awhile simply because they always contain far more info than what we get from our attorney. Then when we finally do get info, it’s so “outdated” from what you all have been saying in your posts here or the info doesn’t even mention anything that you’ve been discussing. So, I’m wondering…does anyone else have the Sill Law Firm representing them on this matter? If so, would you please tell me if you’ve been getting any info from them or the same info others have been posting here?
larry
I would like everone on this site who still has a case pending or have not heard anything or received a letter, to go back and look at the old post on this site. The date was Dec 1,2017, post name or person was ???? so they gave no name!! Had info that looked like Joe might have posted( not saying he did or saying it was him) but had like court room info!! It had less than 500 cases in the main category with a state by state breakdown, number wise!! If this ???? info was correct over half of the main category clients were in the states os Mississippi and California!! Is it true or correct?? I sure do not know!! And why sign your post ????. Thought it would be intetesting for anyone still in the dark about this suit to look at and review!! Just go back to the older posts to Dec 1, 2017!!
Marie
The letter I received was from the claims adjuster. My lawyer also attached a letter to it. It is not a guesstimate of my point value. I have no reason to lie about it. Maybe I was one of the first to receive a letter. I just received it like a week ago. I even spoke to the attorney directly after receiving the letter. The base you can receive is 100 points. Then the add-ons can go up to 200 points. The lawyer told me we will know the value sometime within the next two months. He also felt that it will be closed and paid out by June this year. I even asked could I possibly going to next year and he said he did not think so. That they have dragged it out long enough. I never received in the beginning an estimate from my lawyer on points. I did receive an estimate on the amount of money it to be over a year ago depending on the amount of claims. But that was from the lawyer and they were guessing. I feel like that amount has changed now because a lot of people were dismissed. Please if anyone else has received their letters please let us know. I will keep everyone posted on what I receive. Stop fighting. It is silly. Our families are all victims of the same company. God Bless.
Joe
No I don’t think everyone is lying I think however some maybe giving the point value they got in 2016 And never actually really received a letter with A point value recently. So I am not implying any one specific person ,it’s just a thought. I do believe some people really did get point values sent to them recently. You seem to be missing something there were very few people that received the point values Recently.I don’t think there were even 10 people. So how can there be 2000 people or 2500 don’t you think more than 10 people would post that they received their point value If There were that many Claims that were approved for Settlement? Thomas you just like to Word things so it makes people believe what I am saying is untrue. I was one of the first ones to get a opt in letter it came maybe May or June 2016 how could my lawyer have a estimate on number of claims when I received my opt in letter there were few to None that had yet to return the form . You seem to think your letter is the only accurate one i am not so sure about that. There’s a reason why some people got estimated amounts and other people did not I don’t know the reason for it but there is a reason. You are also putting too much value in the estimate of cases as you stated they were simply a general idea, they could be completely wrong That’s why they are called estimates and you are right Fresenius has not released how many people Were excepted into The settlement. Debbie you seem excited about ypur possibility of getting $52,500 if even that if your numbers are right.Are you calling me a liar ?? And for Thomas you are a fat troll. You don’t even know if the numbers you’ve given out are correct you have no proof you don’t seem To be educated it’s just an estimate so they would get your dumbass to Upton .I have proof you are just talking nonsense. Some people got point Values Nobody was told how many people are in the settlement you are making people believe they are getting nothing Or very little you should be ashamed of yourself.You don’t know anything I Have a feeling you’re going to be quite upset at the outcome of your review By the administrator. . Start of clip:”The Opposition filed by the law firm of Hagens, Berman, Sobol, Shapiro LLP (Doc. #1804) applies to all cases filed by the law firms in this MDL (249 individual cases). Of those cases, Hagens Berman has already opted in 115 cases to the global settlement presumably based on a review of the merits of the cases and belying the contention that they have not had ample opportunity to obtain information necessary for a critical review of specific causation. Similarly, the Sill Law Group, having also filed an Opposition to the Motion (Doc. #1801), has already opted in 104 cases to the global settlement program. “END
Amanda
Thomas, I myself was told by my lawyer that there was more like hundred’s instead of a thousand that actually made it into the category one. The criteria was just so hard to qualify for. a lot of cases was dismissed even after the lawyer told them they qualified. They changed the criteria several times. The 1500 dollars come in as an added bonus because they didn’t meet the criteria and was fresinus way of saying sorry not to sorry u took it in the past but you just don’t have enough evidence proving it was in anyway related to your event. Out of all the cases my lawyer and his partnering firms only had 6 that qualified and luckily I made that cut. I still haven’t received any point value from the claims administration
thomas
Joe I see its not a game with you,but that you actually believe what you are saying .I do not think you are interpreting these court orders correctly. I do not have the training and i do not believe you do either. You are confused. It good you are sharing these court orders and have your opinion of what they mean that is fine, but you think you have to hurt people when they dont go along with everything you say. I knew better than to try to clue you in,but i tried anyways. you have said i am mentally ill, that i need to get back on my medication, You call me Tommy. well trying to help you did not end well. I am not going to feed you anymore, I will never post again why waste my time and happiness. I will set back and watch the joey show go ahead say anything you want, but I will not respond. I have a busy happy life to get back to.
Thomas
Joe why cant you understand what is wrong with you. no information was given as facts by the lawyer. why do you want people to think there are less than 200 cases left in cat one. Please stop attacking people. I was just trying to help you understand. I think maybe you are a troll trying to mislead people because you are a very unhappy person your fun and games will be over soon enough and you will be seen for what you really are but by that time no one will care and this forum will be finished. what will you do than go be a troll on yahoo for hours everyday spilling hatred everywhere? you have hurt a lot of people on here for sharing their info on here please stop it. What is wrong with you?
Debbie
What are you saying Joe? What does that mean? What are the 249 and 219 numbers supposed to represent? Because I got that letter from my lawyer too a long time ago with the estimations. Maybe they were estimations but what those people are saying is not a lie. Maybe things have changed drastically since then. What do you think? Do you think that there are 500 or 900 or 2000 cases that are involved? Out of the 12,000 cases that applied how many do you think are in the 1500 dollar category?
Joe
I remember you Tracy, don’t worry.I No it gets stressful when you hear people saying they got their point values. But not everyone has received a point Value. Just give it some more time you’ll hear something. I don’t think most people received anything yet.
Joe
You know Thomas in a weird kind of way I feel kind of bad for you. I mean I know you lost your mother and I understand that. But the lawyer is not giving you accurate information. For one he better hope to God the claims administrator Agrees with the point value your lawyer gave you. And what about the people that decided not to opt in based on the estimated award amount you think they can sue your law firm now for malpractice they gave numbers out that are not accurate at all. No law firm that was good would ever give out a point value or a estimated Award amount Before the Final process even began . Look what happened in this case thousands of people started out in the beginning but then a lonepine order was implemented. And other case management orders and it went from thousands down to hundreds. I mean your law firm is manipulating you you are falling for it. I mean I truly feel sorry for you. Why don’t you call your lawyer and tell him according to court documents, tell your lawer to look for this docket “DEFENDANT FRESENIUS’ OMNIBUS REPLY IN SUPPORT OF MOTION FOR ENTRY OF LONE PINE CASE MANAGEMENT ORDER “ Doc # 1804 and #1801 Ask him why in this opposition to the motion does it state there are 249 individual cases and 219 have opted in.See what his response to that is. Come on Thomas I know you’re not a stupid person you can figure this out. Stop acting like people are out to get you. I told you what to do. And that will prove what I have been telling you all along. He will ask you where you got that information from. Tell him you got it off of pacer.com he can’t tell you it’s a lie then.
Tracy
Attention Joe: Hello my name is Tracy and I was wondering if you could shed some light on my case. I havent heard anything since I received the opt in letter way back. Any info that you can give me would be greatly appreciated.
Joe
Larry that’s terrible, I know very little about the drug Citrasate. I know it has a slower buffer rate meaning the acid concentrate is at a lower level. Usually people that are on anticoagulants such as heparin in high doses are more likely to receive Citrasate. I am sorry to Hear what happened I can’t even imagine the disappointment you must have for your law firm. One would have thought they would have told you that a long time ago. Just for other people know when you opted in There should have been some reference to documented use of Granuflo and also documented cardiac arrest within 24 hours. I can’t say everyone’s opt-in Letter will have that but the majority will. So if you don’t see any references to those 2 Documents that should raise a red flag.
Marie
Hello. I got my letter from my lawyer and the claims adjuster. My mom got 150 points. She missed the 4 hour I injustice by about 15 minutes. I spoke with my lawyer and he seemed happy with the results. He said we should know what the value the points will be worth in about a month or so. E felt like there was around 2,000 people still being evaluated but he said some people’s are still be excluded by the adjuster. He also feels the case should be finalized and paid out by June 2018 at the latest. I am more pleased just to know the answers I was looking for that her levels were high when she went on the machine and that caused the cardiac arrest. I wish so much my mom was with me. I have to go on dialysis at anytime now. My kidneys are failing. At 17%. Hopefully they know to watch the levels more closely now. Thank you Joe for all your info and thank you to everyone else who has shared their info.
reese
my Lawyer always stated that the claims administrator makes the final determination. So when they gave me how many points i had in 2016, it was their own assessment. it was never 100 % guaranteed. so when i received my letter from the claims administrator, it just confirmed what my lawyers thought. 2000 people submitted for full pay, it does not mean they all will. only my 2 cents.
reese
Joe for you to say that there is no way the lawyers would have sent out how many points people have back in 2016 is just incorrect. like i said before, i received my letter with point values back in 2016. the same letter that waki received is what i received as well as the range. why would we lie. if the information is not accurate, then blame the lawyers not us. My lawyer did tell me they finished determining all the cases and that we should know dollar value this quarter. we will see soon
Thomas
Joe I cant take it any more but to try to clue you in. I received the same basic letter. It was just a what if letter not facts just to give an idea of various possible payouts so you would have some kind of ball park idea of what you are opting into just ball park stuff. The lawyers look over your case to give an unofficial guess to how many points you may receive in their opinion only. just best case worse case stuff. Maybe if your lawyer would have sent you a letter like this you would understand better. Yes it is all just guessing at this point but to keep suggesting their are less than two hundred cases to divide the money does not seem likely but would be great for those that are still in with a very big payout for them a life changing amount. It is only my guess but I would think their are at least a couple thousand cases left. My guess when its all done and said it will be enough to buy a new truck or some remodel of the house but thats about all the impact to ones life to be expected. If more great but no way is it going to be hundreds of thousands of dollars. The letter from 2016 was just a range of numbers given as example of their best guess please Joe just let it go. Thank you Waki for posting please dont feel afraid to post again.
Larry
I was informed that my mom’s case was denied because she used a dialysis product called Citrasate. I was wondering was this really the case because she actually died within minutes of her dialysis treatment…I was wondering if this was the actual product used at the Dialysis center….
Joe
Do you really think there are that many people in this settlement? I know at one time there may have been. I understand there are a lot of pending cases in the court dockets but I couldn’t tell you how accurate that information actually is. Here’s something to think about after the bellwether trial Fresenius put A motion in for 10 more cases to be dismissed due to the outcome of the bellwether trial. Don’t you think if there were at the minimum 2500 cases they would be dismissing more than 10 cases? Another thing those numbers were given to you in 2016 I can’t believe a law firm would give total numbers not knowing how many cases are going to be dismissed. They could not have known because cases were still being dismissed and remanded. Well after 2016. Another thing to think about There were 2 different people That posted on here And said their lawyer told them there were only a few hundred left. Those people seem like they were honest and I don’t believe there lawyers would tell them false information. There would be no reason for them to do that. Now on the other hand your lawyer seems to be a little shady to me. How could he give you A range of award amount when it’s stated no compensation amount can be given out to you at this time until all claims have been reviewed by the claims administrator. If you have a valid case there’s no way you would get a point value back in 2016 And you definitely would not get information about ranges involving award amounts. So you either are not really in the settlement or your lawyer has been giving you false information and if that is the case I would recommend you sue him for malpractice. Just for you know I am telling you the truth about the cases here is a clip from a motion filed in this MDL Here is the clip ;“This point is underscored by the fact that nearly 1,300 cases have been dismissed by stipulation in this MDL and related jurisdictions since the parties reached a settlement in principle in February 2016.” E nd So that’s what stated so you see where even after the settlement was Offered We’re still 1300 cases that were dismissed so that would change The amount of claims you posted dramatically it would go from 2500 from your minimum amount down to 1200. So the numbers you are giving out are just not accurate. You also said if you do the math the amount that you posted is correct. The only way the amount is correct is if the numbers you are giving out are correct and it doesn’t look like they are. Also your formula is wrong you are dividing total cases .Into the total settlement amount. That would mean point values have no value everyone would receive the same amount no matter what their point value was. I still can’t give you a total number I really don’t know. After reading your post one more time it looks like you are just guessing about how many claims they’re actually are. It doesn’t look like your lawyer ever actually told you. Because you stated. He did not tell you how many cases there were and it didn’t stated in the letter. Thank you for posting that though.
Waki
I received my letter today. Jan. 18th. I’m not sure what everyone is saying is accurate. I know the letter I got says the cut off time for is 12 hours for additional points allowed. I am in the granuflo claim category according to my letter. My father died on the machine. So he was 4 hours or less. I received a letter back in September 2016 stating the highest point count is 275. My point count was 175. 100 for the base points and 75 for the additional. I wish I could post a picture of the letter. But I am in the granuflo claim payout. It says if you have pdsb>28 “and” pdsk<4 you will receive 100 points additionally. Both you have to have both. In my case I would have 275 if my father had a combination of the two mentioned. But he only fell within the time of death range mentioned above. Under 4 hours and I got 75 points for that. The estimated payouts I received from my attorney back in 2016 was $87,200 if there were only 2500 approved granuflo claims. 3000 = 72,666; 3500 = 62,285; 4000 = 54,500; and 4500 = 48,444. I was told my father was in the highest category base on his medical records which they use to determine the category rankings. And lastly, the total amount being divided is $218 million. Not 220 million. If you do the math, you will see the estimates reflect that. I do not know the final number of qualified claims. My letter didn’t state it and my attorney did not know according to the letter I received. But this is just an idea of what the pay outs will be. I have followed this thread for over a year. It has been very informative. Thanks everyone!
Ruth
Hi Everyone! Has anyone heard anything else or new? Where is Joe?I come to get more info than my attorney gives me. So I appreciate everyone who sheds light on OUR situation!! Happy New Year to ALL
Joe
Arthur, I don’t believe Debra said she received a letter I believe she said she talk to her lawyer. So that is probably what her lawyer told her over the phone or through email. From what my lawyer told me is that he will receive the point amount and then after that The money will be sent out to the people that qualified. So from my understanding the lawyers will have your points before any money is Ever sent out. I don’t believe they are sending out the points for every claim just various people you could probably call your law firm and see if they have a point Amount for you yet. I know they will not have a settlement amount for you as of right now but they may have a point Amount if the administrator has already gone over your case.
Joe
I wouldn’t worry about it Arthur. The court emphatically held that “Medicare liens do not apply to actions under the Wrongful Death Act.” … The need to satisfy the Medicare lien out of the settlement proceeds will arise if a survival act claim is brought or if the wrongful death act at issue allows for recovery of the decedent’s medical expenses. Put in your browser (wrongful death act) You Will get more information on it. I don’t quite understand what the lien process Consists of in this wrongful death settlement. Only thing I can think of is the settlement agreement had a stipulation for repayment. Or the liens are only for Survival act for the people that did not pass away. They may have to put that Paragraph in for everyone just because of the survival act. For the people That did not pass away .You really should ask your lawyer. Just call him and say you have a question about the liens and the wrongful death act. He could probably give you a better definition or Exclamation. This is what I do know because you or a family member are filing the lawsuit On behalf of your father’s estate, the settlement was not part of his estate at the time you or a Family member filed the lawsuit thus Your father’s insurance cannot Seek repayment from somebody that is dead.As for other liens the same rules apply. Now however if the lien is for you or a Family member such as back child support bankruptcy back taxes and so forth they would have had to have filed a claim against your settlement. In most cases you would have been notified.
Arthur
Since we are in the liens subject from prior comments. I was told by my lawyers that a private independent company was doing the lien surchases. I have a couple questions to go with this subject. Wouldn’t a person know by either letters or collection notices that you or your siblings receive letters trying to collect a past debt. Now I always get confused with medical or Medicare insurance. I know one of them is public assistance for those who can’t afford regular insurance. My Father had insurance through his Union Retirement Pension He had 80/20 insurance. The 20% was through Secured Horizon which was deducted through either his pension check or social security check. So to my understanding Secured Horizon picks up everything his 80% didn’t cover. So anybody who deals in medical insurance am I safe to saying my Father should not have any liens. Is that correct? My firm couldn’t answer that question They told me to wait for the independent lien company response. That’s is what the big delay is for. Still haven’t heard anything yet. I am leary when people are stating that they received a letter already. I was told by either March or April.
Joe
Thanks Debra, you mean they are going to divide your points by the total points in the Granuflo fund then divide that by 220 million. This is just a example So if there are 40,000 points total for everyone you have 100 points. So they would Divide that 100 point by 40,000 Leaving you with 400 base points. Then that 400 base point would be divided by 220 million? I am just going to ignore you Tommy.
terri
Thank you Debra finally some said what my attorney told me basic 100 points and then there are add ons So people please sit back i work for health insurance and they are going to try to get some monies back and you have private and state medical insurance please just wait my husband died in 2006 it has been a long wait for me to have this story ended. Thank you all
thomas
I feel Joe you are clueless to this all,but at least you have stopped attacking people for a day or so. I could spend days trying to help you understand but i doubt it would turn out well. Time will tell and soon this will be over.
Debra
I finally got information from my lawyer. I was approved for the base points of 100. No add on. Add on would have been for blood counts prior to dialysis and then time of death. 4 hrs or less and then 4 -12 hours. My husband died just under the 24 hr period. They said “The final point value will be calculated by dividing the cash dollar value of the Granu Flo Case Compensation Fund by the sum of the Total Points for all GranuFlo cases qualifying for compensation. After the final point value has been calculated, you will receive a Notice of Monetary Award.” My lawyer said that all have to go thru the lien process and if a lien is found that process could take 90-120 days on average to settle. Hopefully I should not have any. My husband died in 2009 and I am ready for this to all be over so I can move on.
Joe
No I think you’re right about the 200. I looked at Fresenius fourth-quarter earnings and what it said was they expected about 1% not to opt in to the settlement. So when looking over court documents there are a total of two cases only that have trial dates. There are however 11 more trying to fight summary judgment and get trial dates. I don’t know what happened with those cases as of now. But 1% of 200 is 2 . Unfortunately there are going to be a lot of disappointed people. I have no idea who they will be but unfortunately not all people on here are going to be part of the settlement. Lien payments have been sealed So I don’t even know if they have been completed. Also the lead lawyers on December 12,2017 asked for Allocation of Award and Common Benefit fees. Basically meaning The lawyers want their money to be released and the settlement award to be released. I have no idea why this is taking so long. The lawyers know but I believe they’re going to be so many disappointed people they are not telling anyone because they do not want it to be leaked out. I believe some people are going to get a lot and then others will get very little if anything at all. So that’s the way it is believe it or not. When you receive your amount there will be a confidential clause so no one will be telling anyone what they receive . Even the smaller amount will have a confidentiality clause. So everyone that did not receive a letter yet just wait no matter what the outcome you will receive some type of letter. I still have not received anything yet relating to the amount I will be receiving. No point value, no money value. One thing People have to remember just because someone opted in there is no guarantee your claim will be valid this includes the $1500 cases. So there may be 3324 pending actions but that doesn’t have anything to do with what the end result Will be. Angie, I just get frustrated because it may not be you but the lawyer should not tell you you have 175 points because that lead you to believe something that may not be true. I believe your father probably Passed away very peacefully. Once A cardiac arrest takes place it is very quick a lot of times it happens when the person is sleeping or resting. I can’t see for sure your father situation but Most likely it was very quick. A cardiac arrest is different then a heart attack. The heart just completely stopes in a cardiac arrest. So there should be no pain and he should not have suffered very much. I guess there are probably different situations though of course I am not a doctor but my belief is it was sudden and I don’t believe he suffered very much. Once your heart stops you are clinically dead they can revive your heart with CPR and shock but once your heart stopped you are gone. So I doubt even if he was not asleep I doubt there was very much pain. Once your heart stops you are basically dead amediately. Thats what happen to most of our loved ones. One minute they were alive and then a few minutes later they were dead what a terrible scenario.
Debbra
Starting year 6 and praying for this to end. I just need some peace.
Angie
No, I posted that Joe. I, like a lot of people on here, am just sharing information that was shared with me by my attorney. The attorney was the one who gave me that point value. At this point, I don’t believe anything, anyone tells me. I am just waiting it out. What I wanted out of this lawsuit, I will never get. I wanted to know if my dad suffered or if he went in his sleep peacefully…he passed while on the dialysis chair. I will never know…if there is a monetary settlement, it will never even come close to replacing what we lost. On 01/02/2013, we laid my dad to rest. I should have just left it alone then…..
Amanda
Thanks Joe I just wanted to make sure that what I was thinking was right. Don’t know all the lawyer lingo. I just get confused all these people saying they revived letters and point values when my lawyer said they’re was no way of knowing until every single claim in category 1 had been gone through so that they would make sure they had enough to dispense. I am with you in wanting this all to be over with.. I’m sure that we are closer than before but still they always find a reason to push something back.. thx for your help..
Joe
Remember this posted over a year ago. We all know it couldn’t have been true Arthur called her out and told her the cut off was 24 hours and she never posted anything after that. I think reese is the same person just using a different name . Angie September 29, 2016 at 4:57 amReply Arthur, according to the paper work I received from the attorney and per the conversation I had with him last week, my dad’s case is sitting at 175 points…that is equal to $175,000. He said that amount goes up in value daily based on the fact that not everyone is meeting the criteria and they are being eliminated. He said at the time of our conversation he could not give me an accurate number as to how many people met the criteria because they were still working on it. I was told mid to end October everything would be completed and checks would start going out sometime in November. I opted in because this has been ongoing for 4 years and every time I have to deal with the attorneys and questions it just digs deeper into my wounds. I’m trying to heal and I want this over with How in the world could someone have a point value determined back in September 2016 almost a year and a half ago.We all know the administrator just started reviewing cases Maybe a month or so ago. I think this is the same person it’s probably JohnB
Joe
reese You know you are making that Sh*t up. I am all for you getting a good pay out. What do you mean there are 2000 Claims submitted for the full payout? I question this because according to court documents as of September 2017 there were 3324 pending cases. If you are stating there were 2000 that were submitted For full payout There would be more in category one Then in category three the $1500 category. If What You are saying Is accurate. There would be 1324 left for All other categories. Meaning there would be more in category #1 then there would be in category #3 . When talking to my lawyer he stated over half of all claims are $1500 (APA) claims. So no matter what the total number is more than half would be $1500 claims. With the numbers you are giving out there would be more in the Granuflo compensation fund then in the alternative fund (APA $1500) . In November over 1000 opt out cases were dismissed. Even then there would be more in category #1 (Full pay out) than in Category #3 alternative payment fund. Also Some people on here were stating they received a letter when opting in stating they had 175 points. I question this because Almost all opt in letters stated. We cannot determine your point value at this time until all qualifying claims Have been determined by the claims administrator. I Received my opt in letter back around July or August 2016 stating.We cannot tell your award amount until all wards have been Determined. If the points you are telling people are true, that means everyone that is receiving the base or Minimum payment would all be receiving 175 points And everyone that was receiving the base or minimum payment would be receiving letters. You are full of it reese if thats who you realy are. Don’t believe this person he is lying. Why would they only give you a point value and Not tell you what the points are worth you are full of it. A point value means nothing without knowing how much each point is worth. You are a Internet troll. You come on here under different names to annoy people and make them believe things that aren’t true.
Joe
Amanda,I can tell you the basics. You already know what the notice of appearance was for. The case Management order No. 17 Was a Lone pine order For all cases. Not just yours Everyone’s case has that order. It means all cases needed proof that Granuflo/Naturalyte was used and A doctors testimony stating that More than likely the drug was the cause of death or injury within the 24 hours timeline. I know there are 2 Case management order’s number 17. It May have just been a Mistake everyone’s case has 2 lone pine orders No 17. One right after the other. I Believe it was just a mistake Because they are both the same exact thing.. Moving on, the order establishing a qualified settlement fund is when the settlement is funded it will go into Like a savings account that no one has access to. It is just to hold the funds until the Administrator has given award amount values to everyone that is part of the Settlement And the liens have been paid. Then the money will be released. I don’t mean funded I mean released meaning the money Can be sent out to each individual Claims that qualified. So As you probably know we are now waiting for the claims administrator to make his determination On award amounts And for the liens to be paid. Then the checks will be released.I thought it would have been done already at least according to my lawyer but it looks like it is taking longer than expected.Some people have been stating in March 2018, so it’s only a few months away. So Amanda I cannot go over every single order but yours is basically like every other valid claim. All the other stuff like orders and hearings is stuff that got us to this point. We are all in the same position as you are. We are all just waiting to hear something.
Mary
I have been reading these posts for the past 18 months and have never really replied or posted anything prior to now. However, I may say that I have been included in the Granuflo cases per my attorney but have not received any letters or notices for the past 9 months and my attorneys just keep telling me to hang on and no news is good news. Husband died in dialysis, proved to be on granuflo for several months prior to 9/2011. Right now I have no idea what is going on other than what you all have posted. Especially You Joe. I respect your knowledge and look forward to reading what you have to say as I always have.
Amanda
I haven’t received anything from my attorney or the claims administration. But my lawyer did say that that it was hundreds not thousands in the main settlment. And other lawyers have said the same so not sure about certain information
Sharon
Has anyone else received a letter from their attorney and/or the claims administrator ? The last time I corresponded with my attorney was Dec. 1st. It just helps the stress to hear that other people are receiving letters. Not knowing is stressful. Joe thank you for the info. Happy New Year everyone !!
Amanda
I don’t know anymore.. the last thing she told me was that our case was not part of the 1500 settlement. And would receive extra amount due to the amount of bicorbanate level because it was through the roof and definitely should have been noticed. She had the event within 8 hrs of dialysis. not sure if it made a difference or not but she had just had her routine heart exam, echo and cath ran to make sure there was no issues with her artiries or anything wrong with her heart. All that came back completely clear. WHAT IS THE CATEGORY 3.. and what does the extrodnary relif fund mean on the orginal letter. honestly just hope all of this will end soon..
Amanda
Yes Joe that would be my case, but I don’t understand all that lol.. can you explain it to me a little more if you don’t mind. I know there had to be an appearance because of some records that apperntly come up missing then the Dr himself gave them to my lawyer.
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