New York, NY (PRWEB) March 18, 2013
A panel of federal judges will soon decide if all federally-filed GranuFlo lawsuits stemming from last year’s GranuFlo and NaturaLyte recall will be consolidated in a multidistrict litigation for pretrial proceedings, Bernstein Liebhard LLP reports. The U.S. Judicial Panel on Multidistrict Litigation (JPML) has agreed to hear Oral Arguments regarding the proposed consolidation on Thursday, March 21st. Court records indicate that Fresenius Medical Care has been named in at least 37 GranuFlo lawsuits that are currently pending in 11 federal districts. ((In re Fresenius GranuFlo/Naturalyte Dialysate Litigation, MDL No. 2428 (JPML))
“We continue to hear from individuals who suffered heart attacks and other catastrophic heart problems, allegedly associated with the administration of GranuFlo and NaturaLyte. We expect many more Fresenius lawsuits will be filed in the future,” 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 suffered cardiac arrest, heart attacks, stroke, sudden cardiac death or other side effects allegedly related to the GranuFlo recall.
According to a New York Times report published over the summer, Fresenius Medical Care treats more than a third of the estimated 400,000 Americans currently receiving dialysis. Fresenius is also the leading supplier of dialysis machines and products in the country, which are used in its own clinics and sold to others outside the Fresenius network.* In March 2012, Fresenius issued an “Urgent Product Notification” to its customer clinics warning of possible heart risks associated with GranuFlo and NaturaLyte, after it was discovered the products had the potential to cause a rapid and unsafe elevation of bicarbonate, a condition 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 The New York Times, Fresenius had actually issued a warning regarding the risks associated with GranuFlo and NaturaLyte several months earlier to dialysis clinics within its own network. The document, dated November 2011, revealed that GranuFlo had been associated with 941 deaths from cardiac arrest at Fresenius dialysis clinics in 2010, and advised physicians to adjust dosage to avoid this risk. 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 court records, Fresenius lawsuits filed since the GranuFlo recall allege the company knew or should have known of the substantially increased risk of cardiopulmonary arrest from rapid and dangerous increases in bicarbonate levels associated with the use of GranuFlo and NaturaLyte. The GranuFlo lawsuits further allege that Fresenius marketed, distributed and sold the products without adequate warnings and instructions concerning their risks and proper usage. Plaintiffs have asked the JPML to establish the consolidated GranuFlo litigation in the U.S. District Court, District of Massachusetts. In a January 3rd filing with the Panel, Fresenius Medical Care voiced support for the establishment of the proposed multidistrict litigation in Massachusetts.
Dialysis patients who suffered heart attacks, sudden cardiac death, and other catastrophic heart side effects within 48 hours of a dialysis treatment with GranuFlo or NaturaLyte may be entitled to file a Fresenius 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