DaVita Healthcare Hit with Four Class Action Lawsuits
By Courtney Coren
Due to an increased number of cardiac arrests and sudden death in dialysis patients using GranuFlo and NaturaLyte, four class action lawsuits have been filed in Colorado against DaVita Healthcare, one of the largest kidney care companies in the U.S.
The plaintiffs in the DaVita Healthcare class action lawsuits are Donald Thornton, Melvin Nunes, Donald Young, and Armando Moreno. By seeking class action status, any patient that experienced negative side effects while being treated with GranuFlo or NaturaLyte products can be included in the lawsuit. The lawsuits were filed on March 6, 2013 in the U.S. District Court for the District of Colorado.
DaVita Healthcare provides dialysis treatment to approximately 153,000 patients who receive treatment at its 1,954 outpatient centers throughout the United States. DaVita uses GranuFlo and NaturaLyte in their dialysis treatments.
Even though DaVita Healthcare is not the maker of GranuFlo and NaturaLyte, the plaintiffs argue that it was the job of DaVita Healthcare to carefully monitor the bicarbonate levels in the bloodstream during dialysis. GranuFlo and NaturaLyte provide bicarbonate, which is used in dialysis to neutralize acid in the bloodstream. GranuFlo contains more bicarbonate than other products of its kind, potentially putting the patient at risk for catastrophic side effects to the heart and even sudden death. As the healthcare provider in dialysis treatments, DaVita is responsible for monitoring these levels and adjusting accordingly if bicarbonate levels should increase beyond the ideal level, thus preventing any catastrophic side effects.
Where GranuFlo and NaturaLyte have been used there has been an increase in the number of cardiac arrests, heart attacks, stroke, and sudden death among other cardiopulmonary related side effects.
Fresenius Medical Care, the makers of GranuFlo and NaturaLyte, is also facing several lawsuits right now as a result of the serious side effects that have been caused by both products. A multi district litigation (MDL) was recently granted on March 29, 2013 to plaintiffs by the U.S. Judicial Panel on Multidistrict Litigation in San Diego, California. The Fresenius lawsuits will now be handled by a single federal judge in Massachusetts.
The U.S. Food and Drug Administration issued a Class I Recall against GranuFlo and NaturaLyte in March 2012. A Class I recall is the most serious recall that the FDA can issue–only used in cases when a medical product may result in severe injury or death.
This recall came after Fresenius sent out an “Urgent Product Notification” during the same month to all of the clinics where GranuFlo and NaturaLyte are used, and the FDA was anonymously sent a copy of the memo.
Several lawsuits have already been filed against DaVita for the injuries caused by GranuFlo and NaturaLyte. If the lawsuits are able to reach class action status, other plaintiffs with similar injuries would be able to join the lawsuit.
If you or someone you know has experienced a heart attack, stroke or other heart related injury as a result of GranuFlo or NaturaLyte being used in your dialysis treatment, legal options are available to you. You may be able to start or join a class action lawsuit against the companies responsible for your injuries. Learn more and get a free legal consultation regarding a claim’s eligibility at the Kidney Dialysis Heart Attack, GranuFlo & NaturaLyte Recall Class Action Lawsuit Settlement Investigation. Experienced legal professionals have access to medical experts to assess whether or not these kidney dialysis products played a role in your heart attack or stroke, so act now.
Updated April 2nd, 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.
Top Class Actions Legal Statement