We look forward to the start of the proceeding’s first bellwether trials, as their outcomes may provide valuable insight into how juries might rule in similar GranuFlo lawsuits.
New York, NY (PRWEB) June 18, 2014
The federal court overseeing hundreds of GranuFlo lawsuits (http://www.thegranuflolawsuit.com) filed in the wake of the 2012 GranuFlo and NaturaLyte dialysis concentrate recall has set dates for the proceeding’s first bellwether trials, Bernstein Liebhard LLP reports. According to a Case Management Order issued in the U.S. District Court, District of Massachusetts on June 6th, the first case will go before a jury on January 11, 2016, while a second GranuFlo recall claim will head to trial on February 16, 2016. The Order also sets deadlines for discovery and other matters pertaining to those trials. (In re Fresenius GranuFlo/Naturalyte Dialysate Litigation, MDL No. 2428)
“Our Firm is representing a number of clients who have claims pending in the federal GranuFlo recall litigation. We look forward to the start of the proceeding’s first bellwether trials, as their outcomes may provide valuable insight into how juries might rule in similar cases,” says Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm is currently offering free GranuFlo lawsuit evaluations to dialysis patients who allegedly suffered cardiac arrest, heart attacks, stroke, sudden cardiac death or other side effects within 72 hours of a dialysis treatment involving the use of GranuFlo of NaturaLyte.
GranuFlo Recall
Manufactured by Fresenius Medical Care, both GranuFlo and NaturaLyte are used to remove toxins from the blood during treatments. In March 2012, Fresenius issued an Urgent Product Notification for both products that warned of dosage issues that could cause dialysis patients to suffer serious and catastrophic heart side effects. The U.S.Food & Drug Administration (FDA) ultimately granted Class I recall status to the Urgent Product Notification, which indicates GranuFlo and NaturaLyte posed a risk of serious injury and death.
According to a report published by The New York Times in June 2012, the FDA also began investigating Fresenius Medical Care after it became aware of an internal memo circulated by the company to its in-network dialysis clinics in November 2011 that detailed the dosage issues associated with GranuFlo and NaturaLyte. The agency is trying to determine if Fresenius violated federal regulations by choosing not to issue a similar notice at that time to any of the independent dialysis clinics that also used GranuFlo and NaturaLyte.*
According to court documents, more than 1,860 GranuFlo lawsuits are now pending in the litigation underway in the District of Massachusetts. Additional claims have also been filed on the state level in the Massachusetts’ Middlesex County Superior Court. (In re: Consolidated Fresenius Cases, No. MICV2013-03400-O). All of the lawsuits similarly allege that Fresenius failed to provide adequate warnings regarding the risks associated with GranuFlo and NaturaLyte, and that the company continued to aggressively market the products even once it became aware of those risks.
Alleged victims of serious cardiovascular injuries related to the 2012 GranuFlo and NaturaLyte recall may be entitled to file their own GranuFlo lawsuit. To learn more about the litigation involving these dialysis drugs, please visit Bernstein Liebhard LLP’s website, or the Firm’s Facebook page: https://www.facebook.com/granuflolawsuit. For additional information, and to arrange for a free case review, please call 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. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3 billion on behalf of our clients. 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 12 consecutive years. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list every year since it was first published in 2003.
Bernstein Liebhard LLP represents the victims of defective drugs and medical devices on a contingency-fee basis, and our clients are never expected to pay attorneys fees unless their case results in a successful recovery on their behalf. New York State’s contingency fee cap rules generally limit those fees to 33 1/3% of the total recovery. As a result, the Firm’s fees can be significantly lower than those assessed by attorneys in other states, which depending on the law may amount to as much as 40% or more of a plaintiff’s recovery.
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