Dialysis GranuFlo Litigation Update

For a hemodialysis patient, this procedure happens usually three (3) times per week.

For a hemodialysis patient, this procedure happens usually three (3) times per week.

The T&T blog has reported on the Dialysis Litigation in the past as T&T represents hundreds of clients who were injured as a result of Fresenius Medical Care use of GranuFlo and NaturaLyte.

Here is an update for all of our dialysis clients out there:

  • The first bellwether trails for the Dialysis Litigation is scheduled for January 11th, 2016, with the second trial to start on February 16th, 2016 in Massachusetts. (In re: Fresenius GranuFlo/NaturaLyte Dialysate Litigation, MDL No. 2428). Over 1,800 cases have been consolidated into multidistrict litigation (MDL) under U.S. District Judge Douglas P. Woodlock in the District of Massachusetts.
  • DaVita Healthcare Partners is also being sued for their negligent use of GranuFlo and NaturaLyte in their failure to warn customers of the dangers of these two products. On Monday (March 23, 2015), S. District Judge R. Brooke Jackson of Colorado dismissed fraudulent concealment, negligence and violations of the Colorado Consumer Protection Act (CCPA) to the extent that they were based on outpatient dialysis treatment chain DaVita’s alleged role as a seller or manufacturer of GranuFlo & NaturaLyte. Judge Jackson said he had allowed the plaintiffs to proceed with the case on two plausible theories, that either “DaVita was negligent in administering care because it failed to connect the dots surrounding changing blood pH levels in its patients” or that “it did connect the dots but kept the information secret, thereby perpetuating a fraud.”

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