The number of lawsuits filed alleging injuries and wrongful death from the use of GranuFlo during routine kidney dialysis has grown to include more than 200 cases. In April 2013, the U.S. Judicial Panel on Multidistrict Litigation (JPML) ordered the formation of a multidistrict litigation (MDL) to consolidate these cases before one judge in order to speed up pretrial proceedings. MDL 2428, In Re: Fresenius Granuflo/Naturalyte Dialysate Products Liability Litigation, presided over by Judge Douglas P. Woodlock, in the U.S. District Court for the District of Massachusetts, has now reached the discovery phase of litigation.
Timeline for Discovery Procedures Established
In a Case Management Order dated October 1, 2013, Judge Woodlock established the discovery process, during which the plaintiffs and the defendant, Fresenius Medical Care, gather evidence and other information pertaining to the individual cases. That information will include plaintiffs’ medical records and other relevant information. Judge Woodlock ordered that these records must be obtained by November 27, 2013, and that all defendant fact sheets need to be prepared by January 31, 2014. Additionally, counsel for both sides must submit a list of potential cases for bellwether trials no later than January 6, 2014. The choosing of cases for bellwether trials is an important part of the discovery phase as these cases will determine how juries will consider evidence and testimony. Depending on the outcome of these bellwether trials, Fresenius might decide to offer settlements to plaintiffs instead of permitting the remaining cases to proceed toward trial.
While the discovery phase progresses in the federal MDL, there are also several hundred GranuFlo cases being handled in Massachusetts state court, which have been consolidated into a multicounty litigation (MCL), a similar process to a federal MDL. Those cases are also in the pretrial phase of litigation as are another group of GranuFlo lawsuits pending in California Superior Court.
GranuFlo was recalled by the U.S. Food and Drug Administration (FDA) in March 2012 after an alarming number of adverse events were reported by kidney dialysis patients who suffered injuries after undergoing treatments that included these compounds. Granuflo is formulated with sodium acetate that converts to bicarbonate in the blood, but it might have put many patients at risk for complications caused by metabolic alkalosis, a condition that occurs when those bicarbonate levels get too high. Plaintiffs allege this condition has caused cardiac ailments that have been fatal in some cases.
The Rottenstein Law Group Advocates for Those Injured by GranuFlo
If you have been injured during routine dialysis treatment and believe GranuFlo 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 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 1-888-976-8529, or fill out the confidential claim form, and one of our lawyers will be in touch with you shortly.