Mississippi Woman Sues Fresenius Over Mother’s Dialysis Death

By Jessica Tyner

Bobbie Lowery Hodges has filed a GranuFlo lawsuit against Fresenius following the death of her mother, Atta Lowery. The lawsuit was filed on June 17, 2013, and claims Fresenius “intentionally, recklessly and negligently concealed, suppressed and misrepresented the risks, dangers, defects and disadvantages of GranuFlo and NaturaLyte” – two dialysis products linked to hundreds of deaths.

GranuFlo has been associated with “an increased risk of death and injuries, cardiovascular death, sudden cardiac death, cardiopulmonary arrest, heart attack, stroke, congestive heart failure and other catastrophic cardiovascular injuries,” the lawsuit states. GranuFlo is one of the most commonly used drugs during dialysis treatment — and Fresenius is both the maker of the drug and operates the most dialysis centers in the U.S.

Hodges alleges in the Fresenius wrongful death lawsuit that both GranuFlo and NaturaLyte were sold as a safe product, when in fact Fresenius should have known — or did know – that the drugs “weren’t safe and were associated with an increased risk of death and injuries.”

Fresenius, according to Hodges, is “strictly liable for injuries…because each product is unreasonably dangerous in that neither was accompanied by adequate instructions regarding the safe use of the product, proper monitoring of the patients using the product, or adequate warnings about the increased health risks associated with using the products, or its dangers.”

A Mother’s Tragic Dialysis Death

The plaintiff’s mother, Atta, died on March 15, 2004. She left behind a husband and seven children, including Bobbie. Bobbie is suing Fresenius on behalf of all wrongful death beneficiaries.

According to the GranuFlo lawsuit, Atta was given GranuFlo in a reputable dialysis facility and in the correct manner. Bobbie believes that the individual healthcare workers in the facility were not aware of the risks of GranuFlo and that Fresenius intentionally kept the reality of these GranuFlo complications hidden from many healthcare providers as well as patients.

The dialysis lawsuit states: “The individual healthcare providers involved in the dialysis treatment…were not aware and through diligent efforts were not able to discover the risks of serious injury or death.”

Bobbie says that “Fresenius is responsible for ensuring, through adequate training, instruction, monitoring and hiring principles that its clinicians, nurses, contractors, employees, and physicians know how to properly use all hemodialysis products in a manner that is safe and effective.”

It was this lack of clinical knowledge and product-related labeling that resulted in Atta’s death, her daughter claims. Due to omission and misrepresentation, Bobbie says Fresenius is directly responsible for the death of her mother.

Fresenius Sued for Negligence, Wrongful Death, and More

Internal Fresenius documents show that the company was aware of the increased cardiovascular risks linked to GranuFlo and NaturaLyte, but “chose not to properly report the problem to the FDA,” the lawsuit states

Bobbie is suing for strict liability, negligence, failure to warn, breach of warranty, fraudulent misrepresentation, fraudulent concealment, reckless/negligent misrepresentation and concealment, gross negligence, and wrongful death on behalf of her mother, herself, her father and her six siblings.

She’s seeking compensatory damages, past medical expenses and burial costs, past and future lost wages, pain and suffering, past and present emotional distress, loss of enjoyment of life, wrongful death, consequential damages, punitive damages, attorney’s fees, cost of action, pre-judgment and any other costs the court deems appropriate. Bobbie will be receiving a trial by jury.

Both actual damages and punitive damage surpass the $1 million mark. According to Bobbie, her mother was “unaware, and could not have reasonably known or have learned through reasonable diligence” that she had been exposed to risks.

The case is  Bobbie Lower Hodges, et al. v. Fresenius USA, et al., Case No. 13-101-PCT, the Circuit Court of Pike County, Mississippi.

Do You Have a Dialysis Injury Story?

Were you or a loved one given GranuFlo or NaturaLyte during dialysis and suffered a heart-related complication? Go to the  Kidney Dialysis Heart Attack, GranuFlo & NaturaLyte Recall Class Action Lawsuit Settlement Investigation and learn more. You might be eligible for compensation through a product liability lawsuit or personal injury lawsuit. Simply submit your information today, and an attorney will contact you if you have a case for your free GranuFlo claim review.

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