Daughter Sues Fresenius Claiming GranuFlo Caused Father’s Death

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California plaintiff Francisco Reyes is yet another alleged GranuFlo victim, and his daughter, Wendy Kalestians, sued Fresenius Medical Care on Christmas Eve 2013 after she lost her father to the drug. She claims that Fresenius “intentionally, recklessly, and/or negligently concealed, suppressed, omitted, and/or misrepresented the risks and dangers of Granuflo and/or NaturaLyte.” There were never appropriate warnings about GranuFlo risks, she says.

Fresenius Medical Care was both the company with the most kidney dialysis centers in the U.S. and the manufacturer of GranuFlo and NaturaLyte, two dialysis drugs linked to nearly 1,000 U.S. deaths. Countless GranuFlo lawsuits have been filed claiming that the drugs caused a highly increased risk in cardiac deaths, most often at the clinics while the unsuspecting patients were receiving treatment.

Furthermore, Kalestians claims that Fresenius “intentionally, recklessly, and/or negligently manufactured, marketed, sold, formulated, and/or distributed Granuflo and/or NaturaLyte and Defendants knew or should have known that Granuflo and/or NaturaLyte were associated with an increased risk of cardiovascular injury and death.”

Families Link Loved Ones’ Deaths to Dialysis Chemicals

The expanding litigation surrounding GranuFlo lawsuits is regularly welcoming more and more victims and their surviving heirs as people step forward and become aware that deaths and injuries weren’t mere accidents. In fact, Fresenius itself let the cat out of the bag in late 2009 when an internal document was leaked warning only a handful of doctors at select clinics about the deadly GranuFlo risks. That document was never meant to be seen by more than a few people but was leaked to the FDA in 2012, forcing a near immediate recall of the dialysis products.

Kalestians claims that had Fresenius warned other doctors and clinics of the risks of GranuFlo and NaturaLyte, her father and countless others may have been saved.

“However, when the dangers associated with Granuflo and NaturaLyte became apparent to Fresenius, Defendants failed to report the dangers of Granuflo and NaturaLyte to the FDA or other government agencies. Furthermore, in addition to failing to report the dangers of Granuflo and NaturaLyte to the FDA, Defendants also withheld information about the danger of Granuflo and NaturaLyte from non-Fresenius physicians and clinics that were using Granuflo and NaturaLyte,” the lawsuit states.

The alleged cover-up exploded in 2011, but that was too late for GranuFlo sufferers like Kalestians’ father.

“Because Defendants withheld this important clinical knowledge and because Defendants failed to provide effective product-related labeling, warning, and instruction, clinicians, physicians, and/or nurses provided hemodialysis treatments to patients in a manner that was neither safe nor effective.”

No amount of compensation can make up for such a loss, but Kalestians hopes that her story will help other victims become aware of what happened.

Reyes “was prescribed GranuFlo and/or NaturaLyte three times a week beginning in approximately 2009. In or about February 2012, Decedent, Francisco Reyes received hemodialysis treatment at Kidney Dialysis Center of Northridge located in Northridge, CA. Upon information and belief, he was provided with GranuFlo and/or NaturaLyte during this treatment.”

It didn’t take long for his “treatment” to turn deadly. “Shortly after his dialysis treatment at Kidney Dialysis Center of Northridge where GranuFlo and/or NaturaLyte was used, Plaintiff/Decedent, Francisco Reyes, suffered a significant cardiovascular injury and was taken by ambulance to Holy Cross Hospital. Plaintiff Francisco Reyes died on June 15, 2012.”

A Senseless Death

There was no reason for Reyes or the other GranuFlo victims to die, Kalestians says. Her lawsuit claims that Fresenius “widely and successfully marketed GranuFlo and NaturaLyte by conducting promotional campaigns that misrepresented the risks and benefits associated with GranuFlo and NaturaLyte in order to induce healthcare providers to purchase, use, or administer GranuFlo and NaturaLyte.”

There’s no doubt it was a very profitable drug. However, she says that the company “intentionally ignored and/or withheld information regarding the increased risks of serious injury and death associated with and/or caused by GranuFlo and NaturaLyte at the time Defendants manufactured, marketed, advertised, marketed, sold, and distributed the products.”

She’s suing on behalf of her father and for herself and all surviving heirs for strict liability, negligence, failure to warn, wrongful death and punitive damages.

The case is Wendy Kalestians, et al v. Fresenius USA Inc. et al, Case No. 1:13-cv-md-02428-DPW, in the United States District Court for the District of Massachusetts.

Was Your Loved One Hurt by GranuFlo?

If you or a loved one have a GranuFlo story to share, you might qualify for a GranuFlo legal claim and deserve compensation. Read more at the Kidney Dialysis Heart Attack, GranuFlo & NaturaLyte Recall Class Action Lawsuit Settlement Investigation right now. Once your information is received, an attorney will contact you if you qualify for a free GranuFlo claim review.