GranuFlo Lawsuits Moving Toward Bellwether Trials

Attorneys representing GranuFlo and NaturaLyte maker Fresenius Medical Care met a week ago at a status conference with plaintiffs who allege that the kidney dialysis additives were responsible for the heart attack they suffered or took the lives of their loved ones.

One of the purposes of the meeting was to go over what proposals have been submitted  by both plaintiffs and the defendant for the upcoming bellwether trials, which will ultimately be decided by U.S. District Judge Douglas P. Woodlock.

The hearing, which took place March 28, revolved around how many trials should be held, how they are selected, and how many depositions will need to be done prior to the beginning of each case.

There are some of key differences between the proposals.

The plaintiffs decided to pursue multidistrict litigation, which is similar to a GranuFlo class action lawsuit, in large part because it enables each alleged NaturaLyte and GranuFlo heart attack victim to reach a settlement or achieve a jury award separately but be able to share in discovery findings and other resources. Each legal team will provide 10 prospective GranuFlo lawsuits, out of which 10 will be selected for the bellwether trials.

However, the plaintiffs argue that depositions should only focus on a few witnesses — the plaintiff’s representative or spouse, their treating nephrologist and three employees at the kidney dialysis clinic. They also want more freedom in dismissing GranuFlo lawsuits that may not serve as a good indicator for how similar trials would continue given the facts uncovered during discovery, deposition and the subsequent jury trial.

They also want records submitted by Fresenius that they say would provide more information regarding GranuFlo cardiac arrest side effects from the company’s data warehouse, specifically six months worth of data for 25 docketed GranuFlo lawsuits, in which the plaintiff last received dialysis treatment at an Fresenius clinic. They are looking for only the following three data points — the victims’ serum bicarbonate (or CO2) level, sodium level, and potassium level.

Fresenius continues to disagree with the simplified master complaint that was agreed to and signed-off by Judge Woodlock. Its defense team argues that the two chemicals at issue act differently and thus NaturaLyte lawsuits should be separated from the GranuFlo lawsuits and GranuFlo multidistrict litigation (MDL).

They are both on board, however, in general with the procedures for choosing bellwether lawsuits.

The differences between the two are in what Fresenius would like to see for the depositions, where the GranuFlo maker would like to see up to seven depositions per side, or nearly three times as many as the plaintiffs have requested.

Fresenius would also like, if the parties cannot agree on the bellwether lawsuits, to have the alternating opportunity to strike a GranuFlo lawsuit, which is a practice used in the Yasmin/Yaz multidstrict litigation.

Fresenius also wants the GranuFlo lawsuits separated by time, either before or after the Nov. 4, 2011 memo indicating the possibility of heart failure, and also by whether or not the patient received treatment at a Fresenius Medical Care facility or at another dialysis treatment center.

GranuFlo Class Action Lawsuit vs. GranuFlo Lawsuit

GranuFlo class action lawsuits are being filed by plaintiffs alleging that the either GranuFlo or NaturaLyte additives used in their kidney dialysis treatments were responsible for the heart attack that they suffered or took the lives of their loved ones.

A class action lawsuit is a group lawsuit for those who have similar injuries from the same product and believe they are owed similar compensation. All class members in a GranuFlo class action lawsuit will share equally in the settlement, but there is a cap on how much each class member will receive. In an individual GranuFlo lawsuit, there is no cap on much a person will receive.

GranuFlo individual lawsuits can also be consolidated into a single multidistrict litigation (MDL), which is very similar to a class action lawsuit. In an MDL, also called a Mass Tort, is several individual lawsuits are organized together under a single judge at the same court. This is often more appropriate for defective drugs or medical devices because the injuries can vary. However, an MDL allows plaintiffs to use one attorney or a group of attorneys to represent them, and all lawsuits are able to use any information garnered through the discovery process making it more efficient for all attorneys involved representing both the plaintiffs and the defendants.

The GranuFlo MDL is In Re: Fresenius Granuflo/Naturalyte Dialysate Products Liability Litigation.

File a GranuFlo Class Action Lawsuit Claim

If you or a loved one have suffered from heart problems while undergoing kidney dialysis when GranuFlo or NaturaLyte, legal options are available. For more information visit the Kidney Dialysis Heart Attack, GranuFlo & NaturaLyte Recall Class Action Lawsuit Settlement Investigation. There, you may enter your information for a free legal review. So act now!