By Sarah Mirando  |  February 5, 2013

Category: Pharmaceuticals
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MDL Sought for GranuFlo Heart Attack Victims

By John Curran

 

GranuFlo heart attackWhile the phrase “everything in moderation” has held for thousands of years, the defense team for Fresenius Medical Care is arguing that there is no proof that increased bicarbonates led to GranuFlo heart attack side effects. It is an important point to make as both plaintiffs and defendants try to establish where the multidistrict litigation will be set for GranuFlo lawsuits.

According to numerous legal observers, it would make the most sense for the GranuFlo lawsuit MDL to be held in the Deep South, where the majority of cases come from. It would reduce travel costs for GranuFlo cardiac arrest victims, or their surviving families. In addition, some of the more experienced judges in handling these extensive cases are found in federal courts in places like Mississippi and Alabama, which would ensure a fair trial for both sides.

It may take some time, of course, because due diligence by the Fresenius Medical Care legal team requires them to say that the lawsuits involving GranuFlo heart attack side effects should be dismissed without prejudice. The latter term means that plaintiffs’ claims cannot be re-filed, but the tactic is unlikely to hold up. Fresenius is relying on the fact that its two kidney dialysis drugs GranuFlo and NaturaLyte were approved by the FDA.

What that doesn’t incorporate is the company’s internal testing. After hundreds of NaturaLyte and GranuFlo heart attack reports in 2010, the company quietly warned its own kidney dialysis treatment centers in the fall of 2011 that they should avoid the chemicals when possible. The FDA pulled the drugs off the market a few months later, so it’s fairly clear, NaturaLyte lawsuit lawyers argue, that the agency would not have kept the drugs available had they known of the risks that Fresenius did.

The good news is that the judge overseeing the case is likely to dismiss the kidney dialysis provider’s argument out of hand. Then it is just left to the Judicial Panel on Multidistrict Litigation to decide the location so trial preparations can begin for those suffering from NaturaLyte cardiac arrest problems.

Since it is still in the early stages, people who have dealt with these side effects still have time to join the multidistrict litigation. Learn more at the Kidney Dialysis Heart Attack, GranuFlo & NaturaLyte Recall Class Action Lawsuit Settlement Investigation. Filling out the short form there entitles on to a free consultation with a NaturaLyte/GranuFlo lawsuit lawyer, so act now to get the legal remedy the facts of the case merit.

 

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Updated February 5th, 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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