Fresenius Attempts to Delay GranuFlo Side Effects Trial

Fresenius Attempts to Delay GranuFlo Side Effects Trial

By John Curran

Fresenius Medical Care is the largest kidney dialysis provider in the United States. It is also facing one of the largest set of product liability claims from cardiac arrest victims and their families following a recall of the Fresenius products GranuFlo and NaturaLyte. In a recent filing, the company’s legal team asked for a summary dismissal of the case that involves hundreds of victims. A decision has not yet been made, but already there are clearly divergent statements coming from both the plaintiffs’ side and that of the defense. Here is a brief breakdown:

Fresenius on GranuFlo Side Effects

The crux of the motion from Fresenius Medical Care revolves around the federal Food and Drug Administration. Since the agency did not issue a recall of GranuFlo or NaturaLyte until after the company warned its own staff and others, Fresenius argues that the drugs were safe. Therefore, the defense’s legal team says that there can be no failure to warn claim and that the products that caused NaturaLyte cardiac arrest risks could not be considered unduly dangerous per statutory requirements and state law.

Plaintiffs’ Rebuttal on GranuFlo Heart Failure Claims

The following timeline is the key foundation of the lawsuits filed by a majority of side effects victims:

• 2010 – Hundreds of kidney dialysis patients at Fresenius Medical Care centers suffer from heart problems.
• November 2011 – A top Fresenius medical expert issues a memo to all of its centers, telling staff to avoid using the two chemicals for treatment due to GranuFlo heart failure rates compared to other chemicals.
• March 2012 – Fresenius warns other centers, including those run by Da Vita and smaller organizations, that the chemicals FMC sold could cause problems.
• June 2012 – The FDA issues a Class 1 recall of both kidney dialysis chemicals, removing them from the market completely.

The gap that is particularly significant is between November 2011 and March 2012. That was four months where Fresenius Medical Care knew the risks well enough to caution its own staffers, but did not do so.

Legal Options for Side Effect Victims

NaturaLyte lawsuit attorneys are preparing cases for trial already. However, people who have dealt with GranuFlo side effects or families of those where the conditions were fatal do still have time to file a lawsuit against Fresenius. Learn whether or not the facts of your case are suitable for a claim when you visit the Kidney Dialysis Heart Attack, GranuFlo & NaturaLyte Recall Class Action Lawsuit Settlement Investigation. The consultation is free, and establishing eligibility with a NaturaLyte lawsuit attorney is the first step in a legal remedy.