By Amanda Antell  |  February 27, 2014

Category: Legal News

product liability lawsuitThe 2-year anniversary of the NaturaLyte and Granuflo recall, issued by Fresenius Medical Care in March 2012, approaches in several weeks. This means the cut-off date for many product liability lawsuits for these dialysis products is almost here, leading experts to expect one last surge of GranuFlo and NaturaLyte lawsuits.

As of now, hundreds of these GranuFlo lawsuits are already filed in state and federal courts across the country, with each involving allegations of product liability against the defendant company. Each case states that Fresenius failed to provide adequate warnings about the risk of cardiac complications, along with the possibility of sudden cardiac death, associated with its dialysis products. The number of these lawsuits is expected to increase dramatically over the next month, as the statute of limitations requires many of these cases be filed before the end of March 2014.

Every injury must be filed within the time period allowed by the statute of limitations, or deadline by which any cause of action must be filed in court. While different states have different time limits on these cases, along with different rules governing these procedures, many states require that these claims must be filed within two years after the affected individual discovers or could have discovered that they had been injured by the product in question. The lawsuits involved in the Fresenius litigation are no exception to this rule.

Despite plaintiffs protesting that Fresenius knew of these potential GranuFlo complications long before the recall in 2012, the first information about the dialysate complications did not come out until that year. Therefore, the patients could not have reasonably claimed that they were directly harmed by the products in question until that information was released. For many of the existing lawsuits, Fresenius may argue that claims involving injuries which occurred prior to March 2012 may already be barred by the statute of limitations.

The plaintiffs’ lawyers are expected to argue that the 2012 warning was insufficient notice at the time, and that their clients had no reason to believe that the products could have caused their injuries. Additionally, plaintiffs’ attorneys will work to insure no cases are barred unnecessarily due to confusion about the statutes of limitations.

Fresenius Dialysis Cardiac Arrest and Heart Attack Concerns

GranuFlo and NaturaLyte are dialysate concentrates that are dissolved into a kidney treatment solution used in dialysis treatments. Both concentrates have been wildly successful in the United States and internationally. Unfortunately, it was discovered two years ago that these products could potentially cause devastating side effects to dialysis patients.

Medical testing revealed that GranuFlo and NaturaLyte naturally raised the patient’s bicarbonate levels during dialysis treatments, raising their pH levels exponentially. This increased pH causes the potassium levels to rise, causing the blood flow slow down, increasing potential for blood clots, sudden cardiac death, stroke or heart attack. The official warning for this complication came out on March 29, 2012, after an internal Fresenius memo was leaked to the U.S. Food & Drug Administration.

This memo initiated the famous Class I recall of GranuFlo and NaturaLyte from the American market, which spawned the Fresenius litigation movement.

In April 2013, the GranuFlo/NaturaLyte multidistrict litigation (MDL) was established under by the U.S. Judicial Panel on Multidistrict Litigation. This allowed coordinated proceedings for all Fresenius cases filed throughout the federal court system, centralizing all NaturaLyte and GranuFlo lawsuits before U.S. District Judge Douglas P. Woodlock. There are currently at least 460 lawsuits involved in the GranuFlo/NaturaLyte MDL.

File a GranuFlo or NaturaLyte Lawsuit Today

If you believe that you or a loved one have been the victim of a GranuFlo or NaturaLyte injury, you have legal options. Please visit the Kidney Dialysis Heart Attack Issues GranuFlo Lawsuit & NaturaLyte Recall Class Action Lawsuit Settlement Investigation. There, you can submit your claim for a free legal review and if it qualifies for legal action, a seasoned GranuFlo or NaturaLyte lawyer will contact you for a free, no-obligation consultation. You will be guided through the litigation process at no out-of-pocket expenses or hidden fees. The GranuFlo or NaturaLyte attorneys working this investigation do not get paid until you do.

 

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