GranuFlo Lawsuit News: Bernstein Liebhard LLP Notes Federal Judge’s Decision to Remand Dialysis Lawsuit Against Fresenius Medical Care to State Court
NEW YORK, Jan. 14, 2014 /PRNewswire/ — As hundreds of GranuFlo lawsuits (http://www.thegranuflolawsuit.com/) filed in the wake of the 2012 GranuFlo and NaturaLyte dialysis drug recall continue to move forward in courts around the country, Bernstein Liebhard LLP notes that a federal judge in Missouri has granted a motion filed by plaintiffs in one such case to remand the claim to state court in St. Louis. In an Order dated January 9, 2014, Magistrate Judge Thomas C. Mummert III of the U.S. District Court, Eastern District of Missouri, also denied a motion filed by Fresenius Medical Care to stay the lawsuit, pending its possible transfer to the multidistrict litigation now underway in Massachusetts federal court. (Agnew, et al. v. Fresenius Medical Care North America Inc., et al., No. 4:13-2468)
“The claims put forth in the complaint echo allegations made by many of our own GranuFlo recall clients,” 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 administration of GranuFlo and NaturaLyte during dialysis treatments.
GranuFlo and NaturaLyte were the subject of an Urgent Product Notification issued by Fresenius Medical Care in March 2012, after it was determined that inappropriate dosing of the two products could cause life-threatening heart side effects in dialysis patients. Both are used during dialysis treatments to reduce the amount of toxins in the blood, but are formulated differently than rival products marketed for the same purpose. Failure to account for this difference when determining their dosage can result in metabolic alkalosis, a condition caused by excessive levels of bicarbonate in the blood, and which can result in catastrophic heart events in dialysis patients.
The U.S. Food & Drug Administration (FDA) ultimately granted Class I recall status to the Urgent Product Notification issued by Fresenius. This designation is the agency’s most serious type of recall, and is reserved for medical products that pose a risk of serious injury or death. According to a report published by The New York Times in June 2012, the FDA also launched an investigation of Fresenius, after learning that dialysis clinics within the company’s network had received notification of these issues in November 2011. The FDA is trying to determine if Fresenius had an obligation to issue a similar warning to clinics outside of its network at that time.
Court documents indicate that more than 430 dialysis lawsuits are now pending in the multidistrict litigation underway in U.S. District Court, District of Massachusetts. All of the lawsuits similarly allege that GranuFlo and NaturaLyte caused heart attacks, strokes and other catastrophic cardiac events in dialysis patients. Plaintiffs also claim that Fresenius failed to provide adequate warnings to patients and doctors about their risks, and continued to aggressively market GranuFlo and NaturaLyte even after becoming aware of those dangers. (In re Fresenius GranuFlo/Naturalyte Dialysate Litigation, MDL No. 2428)
Victims of heart complications allegedly associated with the GranuFlo recall may be eligible to file their own dialysis lawsuit against Fresenius Medical Care. To learn more about the litigation involving GranuFlo and NaturaLyte, 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 (888) 340-4807.
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 11 consecutive years.
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