Daughter Sues Fresenius Medical Care Over Father’s Death

There are some risks involved when getting dialysis. So, when Ruby Turton found out that her father, Verlin Stevens, was killed by a drug used as part of his dialysis treatment, she filed a GranuFlo lawsuit on Nov. 4, 2013. She joined the many other grieving relatives who discovered too late that their loved ones were being allegedly given dangerous drugs.

Fresenius Medical Care, the company which owns most dialysis centers and manufacturer of GranuFlo and NaturaLyte, allegedly knew about the risks of their drugs.

In late 2009, a memo was leaked that was meant to stay very private. It was warning a handful of doctors at a couple of Fresenius clinics that GranuFlo had a very high tendency of causing a cardiovascular event such as a heart attack. It was never meant to be seen by many people.

“When warning of the safety, risks and/or defects of Naturalyte and/or GranuFlo, Defendants concealed their knowledge of Naturalyte’s and/or GranuFlo’s safety, risks and/or defects from Plaintiff(s), the Decedent, the United States Food and Drug Administration (hereinafter referred to as the “FDA”), the public in general and/or the medical community, specifically that Naturalyte and/or GranuFlo could cause serious and grave health consequences, including but not limited to death, cardiopulmonary arrest, hypokalemia, hypoxemia, hypercapnia, cardiac arrhythmias, stroke and/or hypotension,” Turton’s lawsuit states.

She claims that had Fresenius properly tested and warned about the GranuFlo risks, her father likely would be alive today. Turton’s GranuFlo claim states that, “Defendants negligently and improperly failed to perform sufficient tests, if any, concerning Naturalyte’s and/or GranuFlo’s potential to cause serious and grave health consequences, including but not limited to death, cardiopulmonary arrest, hypokalemia, hypoxemia, hypercapnia, cardiac arrhythmias, and/or hypotension, during clinical trials. As a result of the negligent, intentional, wanton, and/or otherwise culpable acts of the Defendants alleged herein, Decedent suffered severe and permanent personal injuries.”

When patients undergo dialysis, few people consider the GranuFlo side effects and are more focused on the ailment that requires dialysis in the first place. It was a silent killer.

According to the GranuFlo lawsuit:

“The use of Naturalyte and/or GranuFlo in dialysis treatment caused the Decedent to suffer severe injuries and damages including but not limited to the following: severe adverse cardiovascular event and cardiovascular death on or about April 16, 2009. Due to the negligent, intentional, willful, wanton, fraudulent, and/or otherwise culpable conduct of the Defendants alleged herein, the Plaintiff(s), the Decedent, Decedent’s treating physicians and/or healthcare providers did not discover, nor did they have reason to discover, the serious and severe health risks associated with using Naturalyte and/or GranuFlo, before the FDA issued a notice of release in June 2012.”

A Nasty Surprise

When people were killed by GranuFlo, it happened very quickly and unexpectedly—often during the dialysis treatment itself. The drug was used for a decade.

“Upon information and belief, as a result of Defendants’ advertising and/or marketing campaign, GranuFlo experienced a steady increase in its market share since it was first approved in 2003 and, as of 2012, was used by the majority of hemodialysis patients in the Defendants’ wanton, willful, fraudulent and/or reckless conduct, as set forth herein, demonstrates a complete disregard and reckless indifference for the health, safety and welfare of consumers and dialysis patients, including the Decedent, thus entitling Plaintiff(s) to punitive damages so as to punish and deter such similar conduct in the future,” states Turton’s GranuFlo lawsuit.

Some GranuFlo victims and/or their heirs don’t even realize the harm was caused by the drug. “Defendants successfully marketed their Naturalyte and/or GranuFlo throughout the United States by, among other things, conducting promotional campaigns that misrepresented the risks and benefits associated with their Naturalyte and/or GranuFlo in order to induce widespread use and consumption.”

The daughter is suing for negligence and negligence per se, strict products liability, breach of warranties, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, fraud and deceit, wantonness, unjust enrichment, and wrongful death.

The case is Ruby Turton et al v. Fresenius Medical Holding et al, Case No. 1:13-cv-13071-DPW, in the United States District Court for the Southern District of West Virginia.

Were You or a Loved One Hurt by GranuFlo?

If you or a loved one received kidney dialysis between 2002 and 2012, there’s a good chance that it was at a Fresenius center—and that GranuFlo was used. If harm was caused, you might qualify for a GranuFlo legal claim. Find out more at the Kidney Dialysis Heart Attack, GranuFlo & NaturaLyte Recall Class Action Lawsuit Settlement Investigation. Once information is submitted, you’ll be contacted by a lawyer if you qualify for a free GranuFlo claim review.