GranuFlo Lawsuit Remanded to State Court after Judge Finds Plaintiffs’ Claims to Be Similar
A federal judge in Missouri has remanded a GranuFlo lawsuit to state court on the grounds that complete diversity of plaintiffs’ claims, which similarly allege cardiovascular injuries caused by a pair of dialysis medications, did not exist, and that the fraudulent misjoinder doctrine did not apply.
According to court documents, a motion filed by Fresenius USA to stay the case pending possible transfer to a federal multidistrict litigation in Massachusetts federal court was denied on January 9th in the U.S. District Court for the Eastern District of Missouri. In his ruling, the judge said the court still had the power to rule on a motion to remand whether or not it was to be conditionally transferred.
The Court further pointed out that complete diversity of allegations included in the case did not exist, since one plaintiff resided in Delaware, another was from Massachusetts, where Fresenius USA is headquartered, and five lived in New York, where Defendants in the case are also citizens.
Dialysis Lawsuit Similarly Alleges Negligence, Fresenius’ Failure to Warn
In all, the 74 plaintiffs involved in this dialysis lawsuit seek compensation for damages incurred by fatal and near-fatal cardiovascular injuries that allegedly followed use of GranuFlo and/or NaturaLyte, a pair of medications that were subject to a Class I recall last year by the U.S. Food and Drug Administration. Issued in June 2012, this action was taken after Fresenius announced an Urgent Product Notification that March noting the drugs’ association with sudden cardiac death, cardiovascular arrest, heart attacks and strokes, among other heart side effects.
Hundreds of GranuFlo lawsuits have been filed since last year’s recall on behalf of dialysis patients and their families, who similarly claim that the company failed to adequately warn the general public about side effects associated with the medications. These cases further point to the contents of an internal memo sent by Fresenius, who is a leading supplier of dialysis drugs and services in the U.S., in November 2011 that acknowledged 941 patient deaths that followed use of the acid concentrates in their treatment centers, and advised doctors to lower dosages of GranuFlo and NaturaLyte. Physicians operating at customer clinics outside the Fresenius network were not made aware of these findings.
According to court documents, dialysis lawsuits are on the rise, with a total of 433 GranuFlo recall claims now pending in a federal litigation established in the U.S. District Court, District of Massachusetts in January 2013.
Filing a GranuFlo Lawsuit
If you or a loved one sustained the serious side effects associated with the GranuFlo recall of 2012, contact our Firm today at (877) 779-1414.