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Fresenius USA Inc. has been hit with a new wrongful death lawsuit filed by a man who claims the company’s dialysis drugs killed his wife.
Philip Toomer’s lawsuit joins existing litigation against Fresenius where hundreds of lawsuits have been consolidated. These GranuFlo lawsuits allege that Fresenius made two dialysis products, GranuFlo and NaturaLyte, which caused fatal heart problems in hundreds of patients. The cause of death of Toomer’s wife, Alice Robinson, is listed as cardiac arrest.
NaturaLyte and GrauFlo allegedly cause dangerous changes in blood chemistry that can cause heart problems. Both NaturaLyte and GranuFlo are mixes used to create dialysis fluid. Dialysis fluid is a liquid used in the process of dialysis to draw chemical waste out of the blood. However, it is alleged that dialysis produced increase the concentration of bicarbonate in the blood. High levels of bicarbonate increases the pH of the blood, which can interfere with the ions that regulate heart muscles. This condition can cause sudden cardiac arrest.
One key element in the Fresenius litigation is that a 2011 memo from Fresenius that refers to earlier correspondence and studies which had found that theses products could increase bicarbonate levels and cause cardiac arrests, and was not released to the public. Instead, the memo was only distributed to Fresenius-affiliated dialysis centers, though many other dialysis centers use these dialysis products. It was not until an anonymous whistleblower leaked the memo to the FDA that this information came to light.
The litigation against Fresenius has taken the form of a multidistrict litigation, or MDL. MDLs are a type of group lawsuit, similar to a Fresenius class action lawsuit. MDLs and class action lawsuits allow a group of plaintiffs to seek redress against a single defendant. The main difference is that in a Fresenius class action lawsuit, the case is brought as a single action on behalf of multiple Class Members, while in an MDL, dozens, or sometimes hundreds of cases are filed as individual lawsuits, and are later consolidated into a single legal action.
Toomer’s GranuFlo lawsuit is Philip Toomer v. Fresenius USA Incorporated,et al, Case No. 1:14-cv-11380-DPW.
The GranuFlo MDL is In re: GranuFlo/NaturaLyte Dialysate Products Liability Litigation, MDL No. 2428, filed in the United States District Court for the District of Massachusetts.
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If you or a loved one suffered from heart problems after having treatment with Fresenius dialysis products, you have almost certainly been through a trying ordeal. The types of complications allegedly associated with GranuFlo and NaturaLyte are life-threatening medical emergencies. These events require intensive medical care. And, unfortunately, many cases of these types of medical emergencies end in death. When facing such a situation, many people feel overwhelmed, or even depressed.
But you need to remember that regardless of the challenges you are facing, 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 submitting your information for a free legal review by a GranuFlo lawyer. If you have a case, you will contacted for a free and confidential consultation regarding your legal options. Submit your information now:
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