Since GranuFlo and NaturaLyte were recalled by Fresenius Medical Care, many plaintiffs have come forward to file lawsuits against the manufacturer for injuries they themselves have suffered, or on behalf of a family member who died after receiving the chemicals during a routine kidney dialysis treatment. The number of lawsuits is growing, leaving those who have been injured or are grieving with many questions.
Will Fresenius Decide to Settle Some Lawsuits, Or Will I Have to Wait For a Trial?
In March 2013, the U.S. Judicial Panel on Multidistrict Litigation (JPML) ruled in favor of forming MDL 2428 (In re: Fresenius GranuFlo/NaturaLyte Dialysate Products Liability Litigation). This means that all federally filed GranuFlo lawsuits were transferred to one centrally located court to be overseen by one judge. The forming of a multidistrict litigation is common practice, particularly when lawsuits involve personal injuries. All the cases filed against one defendant are consolidated in order to speed up pretrial proceedings. During these proceedings, certain cases can be chosen for “bellwether” trials, meaning the first cases to be tried in front of juries, or selected for mediation, where counsel for the plaintiff and defendant meet to attempt to reach a settlement.
The cases included in the GranuFlo MDL currently are in the pretrial phase of litigation, and there have there been any cases selected for bellwether trials. Fresenius has not given any indication that it is willing to settle with any plaintiffs, but that might change once the outcome of the first trials is determined. If juries rule in favor of plaintiffs, the company might change its stance on how it chooses to address the growing number of lawsuits against it. The cases included in the federal MDL do not include other lawsuits that have been filed in state and federal courts across the country.
As of February 2014, there are over 500 lawsuits consolidated in the GarnuFlo MDL. The next logical step is for the judge overseeing these cases to order specific cases chosen for mediation that could avoid them going to trial, or to schedule bellwether trials that would provide a benchmark for future litigation or settlement. There is no word yet as to when this will happen, but since the MDL was formed almost two years ago, these next phases will likely begin soon.
How Much Compensation Will I Receive in a GranFlo Settlement?
It is very difficult to predict how much compensation will be awarded if a GranuFlo lawsuit settles out of court or goes to trial. The amount is dependent upon factors like medical bills, loss of income, untimely death, and other factors that have impacted GranuFlo victims. At this point, there has only been one GranuFlo lawsuit settled out of court for an undisclosed amount.
The most important step to take to determine how much compensation you will receive for the death of a loved one, or for injuries you have sustained, is to file a GranuFlo lawsuit. You must go on record with the allegation that you or someone in your immediate family has sustained an injury or died after exposure to GanruFlo, or you will not be eligible for compensation. The first step is to talk to an experienced personal injury lawyer to discuss the appropriate legal action. It is best to do this as soon as possible in order to avoid being shut out because of a statute of limitations or other restrictions that might be in place.
The Rottenstein Law Group Helps Those Who Have Been Injured by GranuFlo and Naturalyte
If you have been injured during routine dialysis treatment and believe GranuFlo or Naturalyte was the cause, or if a member of your immediate family has died as a result of exposure to these drugs, you have rights as a consumer.
The Rottenstein Law Group is currently evaluating potential claims involving GranuFlo and Naturalyte and can help you determine if you are eligible for compensation. Our personal injury lawyers have 25 years of collective experience advocating for individuals who have been harmed by dangerous drugs, defective medical devices, and other consumer products.
For a free case evaluation, call 1-888-657-9331, or fill out the confidential claim form, and one of our lawyers will be in touch with you shortly.