Mother Sues Fresenius Medical Care for Son’s Death

Walker claims in her GranuFlo lawsuit that Fresenius is “strictly liable for the injuries sustained by Plaintiff because GranuFlo and/or NaturaLyte are unreasonably dangerous products. Furthermore, GranuFlo and/or NaturaLyte were not accompanied by adequate warnings about the increased risk of cardiovascular injury and death.”

The lawsuit further states that Fresenius “recklessly, and/or negligently concealed, suppressed, omitted, and/or misrepresented the risks and dangers of GranuFlo and/or NaturaLyte.” Sudden cardiac arrest is the leading cause of death for those undergoing dialysis, but the Walkers were never warned about how risky GranuFlo was. 

A Mother’s Pain

When a person is undergoing dialysis, they have enough on their plate — and rightfully assume that their doctors are aware of any dangers, and will pass on that information. However, many doctors were unaware of the risks of GranuFlo side effects until the internal memo was leaked. 

The Walkers are unique because it’s often a spouse that files a GranuFlo lawsuit on behalf of their late loved one. In this instance, a mother has lost her son to the drug — perhaps the most painful loss of all. It’s not just unnatural to outlive your child, but it’s often a loss that can never heal.

According to Walker’s GranuFlo lawsuit, “The November 4, 2011 internal memorandum specifically recommended action for patients with pre-dialysis bicarbonate levels of >28mEq/L and for patients who also had predialysis serum potassium levels of <4 mEq/L. Yet, Defendants chose not to provide the recommended action to any of its competitors.” 

Taking action then could have saved her son’s life, Walker alleges. “Because Defendants withheld this important clinical knowledge and because Defendants failed to provide effective product-related labeling, warning, and instruction, clinicians, physicians, and/or nurses provided hemodialysis treatments to patients in a manner that was neither safe nor effective.”

Derrick Walker was on GranuFlo for less than a year when it took his life. He was prescribed GranuFlo and/or NaturaLyte multiple times a week beginning in approximately 2012. On or about August 25, 2012, Derrick received hemodialysis treatment at a dialysis center located in Monroe, Louisiana. 

“Upon information and belief, he was provided with GranuFlo and/or NaturaLyte during this treatment,” the GranuFlo lawsuit states. “Decedent Derrick Walker relied upon Defendants’ representations and actions and believed that the hemodialysis products he was being provided were safe and effective for their intended use. Shortly after undergoing a dialysis treatment where GranuFlo and/or NaturaLyte was used, Plaintiff/Decedent Derrick Walker died suddenly on September 2, 2012.”

Derrick Walker’s mother is suing Fresenius for strict liability, negligence, failure to warn, wrongful death, breach of warranty, unjust enrichment, and punitive damages.

She says that Fresenius “knew that GranuFlo and NaturaLyte had unreasonably dangerous risks and caused serious side effects of which Plaintiff would not be aware. Defendants nevertheless advertised, marketed, sold, labeled, distributed and instructed/trained on the use of GranuFlo and NaturaLyte knowing that there were safer methods and products for dialysis treatment.” 

Walker is seeking compensatory and punitive damages, costs of suit and attorney’s fees, past medical and burial expenses, past and future wage loss, compensation for pain and suffering, loss of enjoyment of life, wrongful death, disgorgement of profits, restitution and any other applicable relief. 

The case is Angelia Walker, et al. v. Fresenius USA Inc., et al. It was filed into the Fresenius GranuFlo MDL known as In Re: Fresenius GranuFlo/NaturaLyte Dialysate Products Liability Litigation, MDL No. 2428, in the United States District Court for the District of Massachusetts.

Was Your Loved One Injured by Dialysis?

Were you or a loved one hurt by GranuFlo or NaturaLyte? If so, you likely have a GranuFlo legal claim. Find out more about your options at the Kidney Dialysis Heart Attack, GranuFlo & NaturaLyte Recall Class Action Lawsuit Settlement Investigation today. After submitting your story, an attorney will be in touch if you have a case for a free GranuFlo claim review.