Given the potential size of this litigation, consolidation of Granuflo recall lawsuits in one court for pre-trial purposes will certainly be the most efficient method of proceeding with these claims.
New York, New York (PRWEB) March 12, 2013
A panel of federal judges will soon meet to consider establishing a GranuFlo lawsuit multidistrict litigation for all federal product liability claims filed in the wake of the recent recall of GranuFlo and Naturalyte dialysis concentrates. According to a Notice of Hearing Session dated February 15th, the U.S. Judicial Panel on Multidistrict Litigation (JPML) will hear oral arguments on the proposed Granuflo and Naturalyte lawsuit consolidation on March 21st in San Diego, California. In a Motion filed December 12, 2012, Plaintiffs with GranuFlo and Naturalyte claims asked the Panel to transfer the federal GranuFlo recall docket to the U.S. District Court, District of Massachusetts, before either Judge Joseph L. Tauro or Judge Patti B. Saris. (In re Fresenius GranuFlo/Naturalyte Dialysate Litigation, MDL No. 2428 (JPML))
“Given the potential size of this litigation, consolidation of Granuflo recall lawsuits in one court for pre-trial purposes will certainly be the most efficient method of proceeding with these claims,” says Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm is currently offering free GranuFlo and Naturalyte lawsuit evaluations to dialysis patients who suffered cardiac arrest, heart attacks, stroke, sudden cardiac death or other side effects allegedly related to the GranuFlo recall.
GranuFlo and NaturaLyte are marketed by Fresenius Medical Care, and used during dialysis to reduce the amount of acid in the blood. In March 2012, Fresenius issued an “Urgent Product Notification” to its customer clinics warning of possible heart risks associated with the products. Apparently, both have the potential to cause a rapid and unsafe elevation of bicarbonate, which creates a substantially increased risk of cardiopulmonary arrest and death. The U.S. Food & Drug Administration (FDA) would later deem Fresenius’ notification a Class I GranuFlo recall, its most urgent type of recall.*
According to a New York Times report published over the summer, Fresenius had issued a memo in November 2011 to dialysis clinics within its own network warning doctors practicing at those facilities that GranuFlo had been associated with serious heart side effects, and advised the physicians to adjust dosage accordingly. The document reported that 941 patients had suffered cardiac arrest inside Fresenius clinics in 2010. Fresenius’ own medical staff had determined that patients with high levels of bicarbonate in their blood had about six times the risk of cardiac arrest as those with lower levels, according to the document. The FDA has since launched an investigation to determine if Fresenius Medical Care’s failure to issue an earlier warning to its customer clinics regarding the significant dangers associated with GranuFlo and Naturalyte may have violated the law.**
According to the Motion filed with the JPML last December, Plaintiffs in Granuflo and Naturalyte lawsuits allege the drugs cause a rapid and unsafe elevation of bicarbonate, which creates a substantially increased risk of cardiopulmonary arrest and death that is unique to those products. They further allege Fresenius marketed, distributed and sold GranuFlo and Naturalyte without adequate warnings and instructions concerning their risks. In a Response filed with the Panel on January 3, Fresenius voiced support for the establishment of a multidistrict litigation in Massachusetts, and revealed that it been named as a defendant in 37 federal claims filed since the GranuFlo recall.
Dialysis patients who suffered heart attacks, sudden cardiac death, and other catastrophic heart side effects within 48 hours of a dialysis treatment with one of these drugs may be entitled to file a Granuflo or Naturalyte lawsuit to obtain compensation for medical expenses, lost wages, pain and suffering, and more. Learn more about filing a GranuFlo lawsuit by visiting Bernstein Liebhard LLP’s website, http://www.consumerinjurylawyers.com. For additional information about the GranuFlo recall, contact a lawyer at Bernstein Liebhard LLP today by calling (877) 779-1414.
About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 10 consecutive years.
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ATTORNEY ADVERTISING. © 2013 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, (212) 779-1414. Prior results do not guarantee or predict a similar outcome with respect to any future matter.
Felecia L. Stern, Esq.
Bernstein Liebhard LLP