This consolidation will allow for the efficient prosecution of GranuFlo lawsuits. Considering that both GranuFlo and NaturaLyte were widely used by dialysis clinics throughout the U.S., we are expecting a large litigation.
New York, New York (PRWEB) April 01, 2013
Court documents indicate that a panel of federal judges has agreed to consolidate all GranuFlo lawsuits stemming from the recent recall of GranuFlo or NaturaLyte dialysis concentrates in U.S. District Court, District of Massachusetts, for pretrial proceedings, Bernstein Liebhard LLP reports. According to a Transfer Order issued by the U.S. Judicial Panel on Multidistrict Litigation (JPML) on March 29, 2013, the consolidated litigation currently consists of 11 federal claims filed since the GranuFlo recall. However, dozens of potential tag-along actions are currently pending in a number of additional federal districts, the Panel said. (In re Fresenius GranuFlo/Naturalyte Dialysate Litigation, MDL No. 2428)
According to a New York Times report published over the summer, both GranuFlo and NaturaLyte were used in dialysis clinics owned by Defendant, Fresenius Medical Care, as well an estimated 125,000 customer clinics outside the Fresenius network.*
“This consolidation will allow for the efficient prosecution of GranuFlo lawsuits. Considering that both GranuFlo and NaturaLyte were widely used by dialysis clinics throughout the U.S., we are expecting a large litigation,” says Bernstein Liebhard LLP, a nationwide law firm representing victims of defective drugs and medical devices. The Firm is currently offering free GranuFlo heart attack 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. 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 issued a memo months earlier 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 in order to avoid excessive levels of bicarbonate in the blood. 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 JPML’s Transfer Order, Plaintiffs had moved for the consolidation of federally-filed GranuFlo heart attack claims in December, though there was some disagreement as to which federal district the cases should be transferred to. Plaintiffs in seven actions supported transfer to the District of Massachusetts, as did Fresenius Medical Care. According to Bernstein Liebhard LLP, multidistrict litigations are designed to allow for the efficient management of large, complex litigations that involve similar claims. During the multidistrict litigation process, discovery and other pretrial proceedings are handled by one judge in order to conserve the resources of the court and foster consistent rulings. Any individual claims not resolved during the multidistrict litigation process will be remanded to the original court of filing for trial.
Dialysis patients who suffered heart attacks, sudden cardiac death, and other catastrophic heart side effects within 48 hours of a dialysis treatment with GranuFlo and NaturaLyte may be entitled to file a Granuflo lawsuit to obtain compensation for medical expenses, lost wages, pain and suffering, and more. Learn more about filing a GranuFlo heart attack lawsuit by visiting Bernstein Liebhard LLP’s website. For additional information, 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.
Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016
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