Daughter of Deceased Dialysis Patient Files Motion to Dismiss Defendants in GranuFlo Lawsuit
A woman who filed a GranuFlo lawsuit against the company whose dialysis medications allegedly caused her mother’s death has filed a motion to dismiss without prejudice each defendant in the case, court documents indicate.
Defendants in the suit, which include the physician who administered the patient’s dialysis treatment, as well as the facility at which it was received, were dismissed with leave to reinstate by a Madison County Circuit judge on December 5th. The case was originally filed in September.
Hers is just one of hundreds of GranuFlo lawsuits that have been filed against Fresenius Medical Care, the dialysis drug company whose acid concentrates were subject to a Class I recall from the U.S. Food and Drug Administration (FDA) in June 2012. Since then, hundreds of claims alleging heart attacks, strokes, sudden cardiac death and other heart-related injuries have been filed by dialysis patients and their families, who allege that Fresenius failed to adequately warn about the life-threatening side effects associated with its products.
433 GranuFlo Recall Suits Now Pending in Federal Litigation
According to a Case List update from the U.S. Judicial Panel on Multidistrict Litigation (JPML), a total of 433 GranuFlo recall lawsuits were pending in a federal proceeding as of December 16, 2013. (In re Fresenius GranuFlo/Naturalyte Dialysate Litigation, MDL No. 2428) Among other claims, plaintiffs in these cases similarly point to the contents of an internal memo sent by Fresenius in November 2011 that advised physicians in its network to lower dosages of GranuFlo and NaturaLyte, and acknowledged 941 patient deaths that followed use of the medications. By the time an Urgent Product Notification was issued by the company in March 2012, dozens of patients may have already been injured, plaintiffs further allege.
The federal GranuFlo lawsuit litigation is continuing to move forward. As per a Case Management Order from December 23, 2013, the use of a Master Complaint and Short Form Complaint were approved by the judge overseeing the proceeding in efforts to further its progress.
In addition to cases filed in federal court, a number of other cases are also pending in Middlesex County Superior Court in Massachusetts.
Considering a GranuFlo Lawsuit? Call the Attorneys at Bernstein Liebhard LLP.
Did you or someone you love suffer a stroke, heart attack, sudden cardiac death or another catastrophic heart injury following a dialysis treatment using GranuFlo or NaturaLyte? You’re not alone. Call our Firm to find out if you are eligible to pursue a lawsuit today at (877) 779-1414.