In March, the number of GranuFlo/NaturaLyte lawsuits have doubled, according to a case list published by the U.S. Judicial Panel on Multidistrict Litigation (JPML). These GranuFlo lawsuits relate to allegations that GranuFlo and NaturaLyte, two kidney dialysis additives made by Fresenius USA Inc., may contribute to fatal cardiac arrest.
Kidney dialysis is a process wherein machines take over for failing kidneys. In the procedure, a patient’s blood is run through a dialysis machine. Within the machine, the blood goes through a series of semi-permeable tubes. These tubes allow material to pass in and out of the blood, especially biological waste. The tubes are bathed in a solution called dialysis fluid. The chemical properties of dialysis fluid draw the waste through the semi-permeable membranes, cleansing the blood. However, it has been alleged that dialysis fluid made with GranuFlo and NaturaLyte may dangerously alter blood chemistry.
The GranuFlo lawsuits against Fresenius, the manufacturer of GranuFlo and NaturaLyte, allege that their dialysis products can alter blood chemistry in such a way that it can endanger patients’ lives. Accord to the allegations in the GranuFlo lawsuits, Granuflo and NaturaLyte can increase the serum bicarbonate levels, which in turn changes the pH of blood.
The many biological reactions within the human body depend on having a stable chemical environment, and an elevated pH can interfere with this. Specifically, an elevated blood pH can interfere with the ions that control the nerves and muscles of the heart, causing heart attacks, which can be fatal.
The GranuFlo lawsuits against Fresenius have taken the form of a multidistrict litigation (MDL), a type of mass tort. MDL is a type of group lawsuit, similar in some ways to a class action lawsuit. Both MDL and class action lawsuits allow a group of plaintiffs to seek justice for similar alleged harms from the same defendant. This allows both class action lawsuits and mass torts to streamline the legal process and save time, money, and other resources for all parties involved. The main difference is that class action lawsuits start out as group lawsuits, while mass torts start out as multiple individual lawsuits which are later coordinated into a single legal action by the JPML. For this reason, mass torts are more common in medical product lawsuits, since the injuries can vary, making a class action lawsuit often unrealistic, since members in a class action lawsuit claim the same injury. This also means that individual cases within an MDL retain a degree of autonomy.
The new case list was published on April 15 by the JPML. It listed 1,570 individual lawsuits within the GranuFlo mass mort.
The GranuFlo mass tort is In Re: Fresenius Granuflo/Naturalyte Dialysate Product Liability Litigation, MDL No. 2428, in the U.S. District Court for the District of Massachusetts.
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