Plaintiff Gertrude Newcomb has joined multidistrict litigation against dialysis supply manufacturer Fresenius. Her lawsuit alleges that her late husband, James Newcomb, died as a result of defective dialysis products manufactured by Fresenius.
Dialysis is a process that purifies the blood of patients when their kidneys lose the ability to do so. In this process, the patient’s blood is run through a machine, which includes specially-made tubing soaked in a bath of dialysis solution.
Dialysis solution is a liquid that is chemically formulated to draw waste products out of the blood by osmosis. Fresenius makes two products, GranuFlo and NaturaLyte, which are used to create dialysis solution. However, lawsuits like Newcomb’s allege that these products alter blood chemistry dangerously, which can lead to cardiac arrest.
Gertrude Newcomb’s GranuFlo/NaturaLyte lawsuit alleges that James Newcomb died on March 21, 2012, several hours after his dialysis treatment. The cause of death was listed as cardiac arrest.
Newcomb’s lawsuit joins existing litigation against Fresenius. The legal action against Fresenius has taken the form of multidistrict litigation or MDL. MDL is similar to more familiar class action lawsuits, in that both are a type of group lawsuit in which a large number of people allege similar injuries from the same defendant. The main difference between an MDL and a class action lawsuit is that in an MDL, the plaintiffs retain their own legal representation while in a class action lawsuit, all of the injured parties are represented by a single lawyer or team of lawyers. Group lawsuits like MDLs and class action lawsuits are designed to save resources. The plaintiffs can pool their resources, the courts only have to try a single case, and defendants only have to face a single trial.
Within the MDL against Fresenius, several pieces of evidence have come to light. Among these is a memo from 2011, which talks about internal studies that have revealed an increased risk of cardiac arrest associated with their products. This memo was only distributed to Fresenius-affiliated dialysis centers, though other companies use Fresenius products. In fact, the memo was not released to the public until someone leaked the memo to the U.S. Food & Drug Administration, which eventually culminated in the 2012 recall of GranuFlo and NaturaLyte.
The GranuFlo/NatruaLyte lawsuit is formally titled Getrude Newcomb, individually and as Executrix of the Estate of James Newcomb v. Fresenius Medical Care Holdings Inc., et al., Case No. 1:14-cv-10013. It has been added to In Re: Fresenius GranuFlo/NaturaLyte Dialysate Products Liability LItigiation, MDL No. 2428, in the U.S. District Court for the District of Massachusetts.
Help for Victims of Kidney Dialysis Injury, Death
If you, or someone you care about died after undergoing dialysis with Fresenius products, you’ve almost certainly been through a trying ordeal. The sudden loss of a loved one is an emotionally straining event. And often, this can go hand-in-hand with serious financial challenges, like the final expenses, medical bills, and lost income potential. When facing such challenges, many people feel overwhelmed, or even depressed.
It is important to remember that regardless of the challenges you face, you still have rights and there are steps that you can take to regain a measure of control over your situation. You can start by visiting the Kidney Dialysis Heart Attack, GranuFlo & NaturaLyte Recall Class Action Lawsuit Settlement Investigation. Here, you can enter information about your situation for a legal review by a trained expert with a background in this type of litigation. The initial consultation is completely free of charge, and from it you can receive additional guidance on the best steps to take in your exact situation.
