Denver, COHaving already put aside $300 million to settle criminal and civil anti-kickback investigations, DaVita healthcare clinics might soon be digging deeper into their profits as more DaVita and Fresenius lawsuits are filed.
DaVita and Fresenius healthcare clinics are no strangers to litigation. In 2012, they settled another whistleblower lawsuit, agreeing to pay $55 million over allegations of drug overuse while denying any wrongdoing.
This time the allegations are a lot more serious - death caused by GranuFlo and NaturaLyte dialysis products overdose. On April 23, 2013, the children of a woman who died as a result of using Granuflo and NaturaLyte dialysis products filed a lawsuit in Louisiana Western District Court (case no. 5:2013cv00829) alleging that their mother suffered a cardiac event and died of a heart attack a few hours later.
Two more lawsuits were filed in federal court in Colorado in March 2013, by Hagens Berman Sobol Shapiro LLP, claiming that DaVita Healthcare Partners, Inc.’s actions directly led to the deaths of two of its dialysis patients. As well, these deaths have potentially impacted thousands and thousands of dialysis patients nationwide.
The lawsuits were also filed against Fresenius Medical Care North America, the company that manufactured and distributed Granuflo and NaturaLyte products. “Even before the FDA stepped in, our medical experts all conclude that DaVita should have recognized that its patients using the two products showed wild swings in their bicarbonate levels, a clear indication that they were at a much higher risk of cardiac arrest,” said Steve Berman, managing partner of Hagens Berman. He also said that DaVita failed to recognize trends in the number of complications and deaths after dialysis treatments. "Even had the company overlooked the trends relating to bicarbonate levels, we would expect that the high number of complications and deaths would have alerted them that something was amiss.”
According to these lawsuits, an internal memo, dated November 4, 2011, shows that Fresenius knew of the dangers associated with GranuFlo and NaturaLyte, its dialysis products, before notifying the FDA. As well, the complaints claim that Fresenius was aware of the problem because it made adjustments at its own clinics to reduce the impact on patients.
Granuflo, manufactured by Fresenius Medical Care, is an additive used in kidney dialysis to help patients maintain their bicarbonate levels that neutralize the acid buildup in the bloodstream during dialysis.
If you or a loved one have suffered losses in this case, please click the link below and your complaint will be sent to a drugs & medical lawyer who may evaluate your Granuflo claim at no cost or obligation.
my mom passed while on the dyalasis machine they had recessatated her after 25 minutes knowing she was brain dead 2 save their asses and reputation and just 4got the pain and suffering of her family this is a wrongful death claim Fresenius medical care granuflo and naturalyte caused and u want to tell me that they have made billionz of our families and want us to say our loved ones r only worth this 250 million divided by 10000 WOW U HEAR ME WOW a billion dollar company 15 billion well we should get 7.5 billion it aint like they cant fail more of the family community and remake it billion dollar companies use the people 4 profit and then when the customer needz them 2 give back or show companionship kindness or care they offer us or tell us our mothers worth if it was their mother how much would she be worth all I'm saying is we made the company we the people and theirs no compassion concern or kindness or care when they say our families are worth 250 to 25000 cruel unkind and pathic on their part
Posted by Laurie A Pimental
The pre-settlement is a disgrace and a slap in the face to the victims and their families.
$250 million for 10,000 involved in the case is beyond ridiculous!
Our legal system has failed us and once again allowing big business to prevail! They are allowed to walk away with a slap on the wrist and dont have to admit their wrongdoing! WOW
Those people will get hardly anything in this and have to deal with it which makes me disgusted.
Shame on our legal system and shame on Fresenius! Hope they can sleep at night and pray God is merciful in his judgement of them!
Posted by Patrick Devine
The pre-settlement proposal of $250 million is too low. Fresenius Medical Care posted 2015 sales at 15.7 billion
dollars. The class-action litigation is in excess of 2,000 filed
cases as of March 2016. if you do the math the settlement to be divided as compensation for death by Grainflo to families is so very low. A family could see only 25K if they are lucky. And a 40% lawyer fee hasn't been deducted yet from this amount. Additionally, the Fresenius settlement releases Fresenius from having to admit it has done anything wrong.
In short, Fresenius $250 million settlement needs to ante up
a larger dollar figure. In order that every family receives a
fair compensation for their wrongful deaths claims etc.
Posted by Someone who lost a loved one.
Seems as if things are being swept under rug. So people can't prove what has been done wrong. Not right.
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