Husband Sues Fresenius for Wife’s Wrongful Death from Dialysis Drug

Plaintiff Auburn Hopper has filed a GranuFlo lawsuit on behalf of his late wife, Kathy. The lawsuit was filed on Dec. 23, 2013, alleging that Kathy died from complications caused by being given GranuFlo during her dialysis treatment.

“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 (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,” the Fresenius wrongful death lawsuit claims. Auburn alleges that he lost his wife to such complications.

“Defendants negligently and/or fraudulently represented to the medical and healthcare community, the FDA, the Plaintiff(s), the Decedent, and the public in general that Naturalyte and/or GranuFlo had been tested and were found to be safe and/or effective for their indicated use – as acid concentrates to be administered during hemodialysis,” the GranuFlo lawsuit states.

The makers of the drug, Fresenius, were at one time not only the manufacturers and distributors of this kidney dialysis drug, but also owned and operated most kidney dialysis centers in the U.S. This meant that most people who needed dialysis most likely went to a Fresenius clinic and/or were given a Fresenius drug since the company also sold GranuFlo and NaturaLyte to non-Fresenius clinics. By sheer numbers alone, the lawsuit claims that  a lot of people were potentially exposed to GranuFlo including,  Auburn’s wife. In fact, over 100 GranuFlo lawsuits have been filed against Fresenius by the families of victims who allegedly died from the Fresenius dialysis drug.

“These representations and concealments were made by Defendants with the intent of defrauding and/or deceiving the Plaintiff(s), the Decedent, the public in general and the medical and healthcare community, and were made with the intent of inducing the public in general, and the medical community in particular, to recommend, dispense, prescribe, administer and/or otherwise use NaturaLyte and/or GranuFlo as acid concentrates during hemodialysis, all of which evinced a callous, reckless, willful, depraved indifference to health, safety and welfare of the Decedent,” the GranuFlo lawsuit states.

The Alabama couple allegedly had no idea what kind of GranuFlo risks Kathy was facing. “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 December 25, 2011.”

Like many GranuFlo victims, Kathy was allegedly receiving dialysis when she had her cardiac event. While Auburn hasn’t joined a GranuFlo class action lawsuit where many other survivors and widows can be found, he may have that option in the future.

Sadly, it took a long time for Auburn to find out that his wife’s death may have been preventable.

“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, until the products were recalled by the FDA on July 12, 2012.”

Surviving GranuFlo

GranuFlo is dangerous according to the many people who have lost loved ones while getting the drug on dialysis and subsequently suffering a cardiac event.

“Despite Fresenius Defendants’ representations, upon discovering the serious health consequences and risks associated with their Naturalyte and/or GranuFlo, Defendants’ intentionally, willfully, recklessly and/or negligently failed to advise and/or warn dialysis patients, including the Decedent, their customers (i.e. treating physicians, healthcare facilities, distributors), their suppliers, the government, other payors and/or the general public of said serious consequences and risks,” the Fresenius wrongful death lawsuit states.

“Upon information and belief, Fresenius Defendants did not disclose the serious health consequences and risks associated with their Naturalyte and/or GranuFlo because they knew that physicians and/or healthcare facilities would not purchase their Naturalyte and/or GranuFlo, and, as a result, their sales would decline,” Auburn alleges.

Auburn is suing Fresenius for negligence, strict products liability, violation of the Alabama Extended Manufacturer’s Liability Doctrine, breach of warranty, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, fraud and deceit, wantonness, unjust enrichment and wrongful death.

The case is Auburn M. Hopper Jr., et al v. Fresenius Medical Care Holdings Inc., et al, Case No. 1:14-cv-10145-DPW, in the United States District Court for the Northern District of Alabama Middle Division.

Do You Have a GranuFlo Story?

If you or someone you love was hurt by GranuFlo, you might have a GranuFlo legal claim and deserve compensation. Discover more when you visit the Kidney Dialysis Heart Attack, GranuFlo & NaturaLyte Recall Class Action Lawsuit Settlement Investigation. After submitting your information, and attorney will contact you if you have a case for a free GranuFlo claim review.