At the beginning of this year, plaintiffs with cases against Fresenius – the manufacturers of failed dialysis powders GranuFlo and Naturalyte – filed with the Judicial Panel of Multidistrict Litigation (JPML) to consolidate all related personal injury lawsuits into one multidistrict litigation (MDL) to coordinate pretrial proceedings, and speed up the process of otherwise complicated legislation.
Now, Fresenius has agreed that an MDL should be filed, and has also petitioned the JPML to form the MDL in Massachusetts.
However, plaintiffs have other opinions on where the MDL should be filed. While the majority of plaintiffs want the MDL filed in Massachusetts, plaintiffs from all over the nation will be consolidated into the MDL, and some plaintiffs want a venue that better represents them.
According to court documents, there are 37 Fresnius dialysis lawsuits filed in federal courts in Alabama, California, Florida, Georgia, Louisiana, Massachusetts, Mississippi, New Jersey, New York, Ohio, and Pennsylvania.
GranuFlo and Naturalyte MDL Will Most Likely Form in Massachusetts, But Southeastern States Considered
Currently, 732 lawsuits are pending against Fresenius for its GranuFlo and Naturalyte dialysis powders, which plaintiffs claim have caused serious heart problems, and even death from related heart attacks. Forty-six states – nearly every state in the union – has lawsuits against GranuFlo and Naturalyte.
At the end of last year, 11 plaintiffs filed a motion with the JPML to consolidate all of the lawsuits into the US District Court of Massachusetts. Fresenius recently released a statement that they agree with the motion, although they do not believe there is any evidence that GranuFlo and Naturalyte caused heart conditions and wrongful death in their dialysis patients.
However, a disproportionate number of plaintiffs come from the Southeastern United States, and have argued that the MDL should be consolidated in either Alabama or Mississippi.
Personal Injury Caused by GranuFlo and Naturalyte
Multidistrict litigations are special procedures to handle complex litigation, especially relating to product liability lawsuits. MDLs simplify proceedings when injury and liability cases reach the dozens, even the hundreds.
One of the legal accusations against Fresenius is that the company failed to warn the FDA about health problems related to the dialysis powders. In an internal memo from November 2011, Fresenius warned its own doctors and clinics that GranuFlo and Naturalyte increased the risk of cardiopulmonary arrest, and even cardiac death, in certain patients. Despite the seriousness of such a concern, the manufacturer did not forward the memo to the FDA, and began to pull the powders only from their own dialysis clinics. Both GranuFlo and Naturalyte were sold to dialysis clinics not affiliated with Fresenius, and were therefore not warned of potential dangers.
In March of 2012, the FDA recalled both the dialysis powders. The regulatory agency is investigating the manufacturer to determine if they violated federal law.
The Strom Law Firm Accepts Cases Against Fresenius for GranuFlo or Naturalyte Injuries
If you or a loved one has had dialysis with GranuFlo or Naturalyte and have since suffered serious heart problems, or if a loved one has received dialysis treatment with either of these drugs and has died from heart complications, you may be entitled to compensation. Defective drugs can cause serious harm, including wrongful death, and drug manufacturers must be held to a high standard regarding their customers’ health. The attorneys at the Strom Law Firm can help. With over 30 years’ experience combined, our lawyers can help you with personal injury lawsuits, including cases against medical manufacturers such as Fresenius, the manufacturer of GranuFlo and Naturalyte. We offer free, confidential consultations to discuss the facts of your case, so do not hesitate to contact us today. 803.252.4800