By Robert J. Boumis  |  December 3, 2013

Category: Pharmaceuticals

GranuFlo Kidney Dialysis LawsuitMichael McNulty of Mississippi has filed a lawsuit against dialysis concentrate manufacturer Fresenius USA Inc., alleging that GranuFlo and NaturaLyte caused the death of Enette McNulty. Michael McNulty sued Fresenius on behalf of himself and the other wrongful death beneficiaries of Enette McNulty.

According to the GranuFlo lawsuit, Enette McNulty required dialysis to supplement her kidney function. Her dialysis treatments involved Fresenius products, including GranuFlo and NaturaLyte. In October 2011, Enette McNulty died suddenly of heart problems, which the lawsuit characterizes as “an adverse cardiovascular event.” Per the suit, the GranuFlo and/or NautraLyte products were obtained and deployed as indicated by the manufacturer.

The GranuFlo lawsuit asserts that Fresenius knew, or reasonably should have known, that their products could potentially cause serious health complications like those suffered by Enette McNulty. The lawsuit asserts that Fresenius had a legally-enforceable duty to monitor clinical reports, peer-reviewed journals, and other forms of postmarket surveillance. In accordance with this assertion, the manufacturer should have been aware of these risks.

Additionally, the lawsuit further asserts that not only was Fresenius aware of these risks, but that they actively concealed them, preventing patients and healthcare workers from having enough information to make informed decisions regarding their medical care. To this end, the GranuFlo lawsuit refers to an internal Fresenius memo from 2011 that refers to “previous communications.” This memo speaks of the risks of the risk of cardiac arrest and death during dialysis with GranuFlo and NaturaLyte. Fresenius only sent this memo to Fresenius-owned dialysis clinics, though otherwise unaffiliated clinics also used GranuFlo and NaturaLyte. The internal memo was eventually leaked to the U.S. Food & Drug Administration. The GranuFlo/NaturaLyte lawsuit holds that this memo proves that Fresenius knew about the risks, and the fact that they only issued it to their own dialysis clinics was an act of concealment.

The GranuFlo/NaturaLyte lawsuit is Michael McNulty, Individually and as Wrongful Death Beneficiary of Willie Enette McNulty, Deceased v. Fresenius USA Inc., et al, Case No. 1:13-cv-12403-DPW, in the Circuit Court of Pike County, Mississippi.

If you lost a loved one to heart problems following dialysis, you’ve almost certainly been through a challenging ordeal. The types of heart problems allegedly linked to Fresenius medical products can cause death suddenly. In addition to the emotional toll of such a situation, surviving family members face financial challenges as well, including medical bills, final expenses, and lost income potential from the loss of their loved ones. Under these circumstances, it’s normal to feel overwhelmed or even depressed. But regardless of your situation, you need to remember that 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 and obtaining a free legal review of your case.

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