New York, NY (PRWEB) October 30, 2013
The number of GranuFlo lawsuit (http://www.granuflolawsuitclaims.com) claims filed after last year’s dialysis drug recall is growing steadily in a federal litigation preparing to select cases for its first bellwether trials, Bernstein Liebhard LLP reports.
According to an October 17th update from the U.S. Judicial Panel on Multidistrict Litigation (JPML), a total of 312 cases have now been filed in the federal proceeding involving GranuFlo and NaturaLyte, two medications formerly manufactured by Fresenius Medical Care. Lawsuits pending in the litigation underway in the U.S. District Court, District of Massachusetts were brought by individuals who allegedly suffered cardiac arrest, stroke, heart attack, sudden cardiac death and other cardiovascular injuries stemming from the GranuFlo recall of June 2012. (In re Fresenius GranuFlo/Naturalyte Dialysate Litigation, MDL No. 2428)
“We are not surprised to see the number of cases filed in the NaturaLyte and GranuFlo litigation continuing to grow. Individuals allegedly injured by the dialysis medication reach out to our Firm on a regular basis,” says Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm is offering free and confidential case evaluations to anyone who may have sustained cardiovascular injuries within 72 hours of receiving GranuFlo or NaturaLyte.
A Case Management Order issued on October 1st indicates that discovery is now underway in the federal proceeding, and that the process for selecting cases for its first bellwether trials is slated to begin in January 2014. In addition to GranuFlo and NaturaLyte recall lawsuits pending in the federal litigation underway in the District of Massachusetts, a number of claims have been consolidated in Massachusetts’ Middlesex County Superior Court. (In re Consolidated Fresenius Cases, No. MICV2013-03400-O)
Claims over GranuFlo and NaturaLyte were brought by patients who allegedly sustained cardiovascular injuries after receiving either of the acid concentrates during dialysis treatments. According to the lawsuits, Fresenius failed to adequately warn about the heart problems that may stem from use of its medications, which the company continued to aggressively market even after those risks became apparent. In March 2012, Fresenius issued an Urgent Product Notification that alerted the general public of the serious cardiovascular side effects that may result from use of its products.
In June 2012, this notification was granted Class I recall status by the U.S. Food and Drug Administration (FDA), which is the agency’s most serious recall category and is only issued when there is reasonable chance that a product may cause fatal or near-fatal injuries. A New York Times report published that month indicates that doctors were unaware of the cardiovascular risks associated with GranuFlo and NaturaLyte, which contain a higher amount of an ingredient the body converts to bicarbonate.* According to the article, the FDA launched an investigation into whether Fresenius violated federal law in its handling of the NaturaLyte and GranuFlo recall after learning of an internal memo the manufacturer sent in November 2011 to doctors operating in its dialysis clinics that warned of 941 patient deaths that occurred after use of the medications during 2010.
Dialysis patients who may have been injured by GranuFlo or NaturaLyte prior to last year’s recall may be entitled to compensation for out-of-pocket medical expenses, lost wages, pain and suffering and other damages. Learn more by speaking with a GranuFlo lawyer, or by visiting Bernstein Liebhard LLP’s website. You may also call the Firm directly to receive a free and confidential case review at 800-511-5092.
*nytimes.com/2012/06/15/health/fda-investigates-fresenius-for-failure-to-warn-of-risk.html; New York Times, June 14, 2012
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 11 consecutive years.
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Felecia L. Stern, Esq.
Bernstein Liebhard LLP