Judge Rules GranuFlo Lawsuit Must Stay in MDL
By John Curran
Multiple plaintiffs who originally filed a product liability lawsuit against Fresenius Medical Care in California state court have lost a bid to prevent the transfer of their combined complaint to multidistrict litigation in U.S. District Court in Massachusetts.
Aurora Nunez and four plaintiffs argued with the help of their GranuFlo lawyers that there was a pending move to state court. The Judicial Panel on Multidistrict Litigation (JPML) decided that there were common questions of fact, and the judge in charge of the NaturaLyte/GranuFlo MDL in Massachusetts was perfectly capable of deciding on any potential case transfers.
The original GranuFlo lawsuit filed in California state court alleges that Fresenius Medical Care was aware of excessive bicarbonate levels that could cause GranuFlo heart failure side effects beginning in 2000 because of the composition of the hemodialysis chemicals that includes sodium acetate. Three years later, the company noted that the problems were continuing and warned its own treatment centers to halve the dosage that was advertised to other companies providing hemodialysis using Fresenius Chemicals.
A study in 2010 indicated hundreds of reports of NaturaLyte and GranuFlo cardiac arrest side effects, leading the company to issue a memo in November 2011 warning its own treatment centers to use other chemicals when possible. None of this data since 2000 was available to other companies’ facilities until that memo leaked in 2012. As a result, combined counts against Fresenius from the plaintiffs include strict product liability, negligence, breach of various warranties, fraud, unjust enrichment, and wrongful death.
The Fresenius Medical Care Product Liability Lawsuit is Aurora Nunez, et al. v. Fresenius USA Inc., et al., Case No. 13-02729. It was transferred to MDL No. 2428 In Re: Fresenius GranuFlo/NaturaLyte Dialysate Products Liability Litigation.
Obtain a Free GranuFlo Lawsuit Review
The reported lack of publicity regarding GranuFlo and NaturaLyte cardiac arrest side effects may mean that some families and individuals are unaware that heart conditions could have been caused by the sodium acetate in these chemicals. Legal action is one option for people who have dealt with these conditions, and the first step is to consult with qualified GranuFlo lawyer. To get a free legal review from one, fill out the short form at the Kidney Dialysis Heart Attack, GranuFlo & NaturaLyte Recall Class Action Lawsuit Settlement Investigation.
Thousands of people may have been at risk because of a lack of publicity about GranuFlo heart failure side effects over the course of a decade. Legal remedies may be possible to offset medical bills and in some cases claims of wrongful death, but it is important to get started to avoid any issues of timing regarding statutes of limitations.
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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