Sarah Mirando  |  August 13, 2013

Category: Pharmaceuticals

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Potential Class Action Lawsuit Joins GranuFlo MDL

By John Curran

 

Fresenius Medical Care dialysis lawsuitA woman’s wrongful death lawsuit against Fresenius Medical Care, originally filed in July as a potential class action lawsuit for Pennsylvania residents, has joined the growing number of cases against the dialysis company centralized in U.S. District Court in Massachusetts.

Plaintiff Carmen Brysten is suing on behalf of Filmon Brysten, who began hemodialysis treatment using Fresenius chemicals at another company’s facility in November 2011. He died on November 10, 2011, allegedly as a result of heart failure caused by the company’s dialysis product GranuFlo. The risk of sudden death caused by GranuFlo side effects was publicized to Fresenius Medical Care’s own facilities that month but not to other dialysis providers like those that administered Filmon’s hemodialysis.

Brysten’s dialysis injury lawyer claims in the lawsuit that beginning in 2004, Fresenius Medical Care knew or should have known of the risk of “elevated bicarbonate levels and resulting alkalosis” — conditions that have been linked to cardiac arrest and other heart problems since the 1980s. A study published in 2004 indicated a correlative link between excess bicarbonates and heart failure.

In fact, GranuFlo heart failure side effects were noted when a new patent was filed regarding a succeeding treatment to clean the blood of kidney failure patients. By 2008, Fresenius Medical Care required technicians to reduce the amount of chemicals used in dialysis treatments. In 2009 or 2010, the lawsuit notes that technicians at Fresenius Medical Care facilities were asked to use half the listed amount of GranuFlo and NaturaLyte. Again, the company failed to advise other kidney dialysis facilities like the one Filmon Brysten used.

Dialysis centers outside of the Fresenius Medical Care network would not be aware of the problems with these products until a 2011 internal memo effectively banning these chemicals in Fresenius facilities was leaked to the FDA in March 2012. A Class 1 FDA recall of GranuFlo and NaturaLyte followed three months later.

Along with a count of wrongful death, Brysten is seeking damages as a result of Fresenius Medical Care’s alleged failure to warn. Additional counts in the GranuFlo lawsuit include strict liability, design defect, negligence and negligent misrepresentation, fraud and fraudulent concealment, and breach of express and implied warranties.

The GranuFlo Wrongful Death Lawsuit is Carmen Brysten v. Fresenius Medical Care Holdings Inc., et al., Case No. 13-cv-11828. It was initially filed in the U.S. District Court for the Eastern District of Pennsylvania before being transferred into the GranuFlo MDL known as In Re: Fresenius GranuFlo/NaturaLyte Dialysate Products Liability Litigation, MDL No. 2428.

 

Obtain Free Legal Help for Your GranuFlo Injury

Many men and women died from GranuFlo side effects according to the company’s own research in 2010, and more may have been at risk. If you or someone you know dealt with heart conditions following treatment at any of the thousands of kidney dialysis facilities, get educated.

Get started at the Kidney Dialysis Heart Attack, GranuFlo & NaturaLyte Recall Class Action Lawsuit Settlement Investigation to learn what options are available. While there, you can fill out the short form for a free legal review from a GranuFlo injury lawyer.

 

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Updated August 13th, 2013

 

All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.

 

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One thought on Potential Class Action Lawsuit Joins GranuFlo MDL

  1. nathanielkirby1 says:

    I HAVE FILED A SUIT BUT HAVE NOT HEARD ANYTHING .WHAT IS GOING ON WHEN OR LONG DO YOU HAVE TO GET A JUDGEMENT!

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