127 plaintiffs want the courts to apply Massachusetts law, not Mississippi law, to their GranuFlo injury claims against Fresenius Medical Care North America. Even though the dialysis patients are from Massachusetts state, they filed their complaints in Massachusetts.
The manufacturer is seeking to have the claims dismissed, noting that they exceed the three-year statue of limitations in Mississippi. The plaintiffs contend that there is a discovery exception to the statute that mandates a case-by-case assessment.
The dialysis patients claim that using Fresenius’ GranuFlo Dry Acid Concentrate and NaturaLyte during dialysis can lead to cardiopulmonary arrest and even death. The two products are dialysate components that are designed to maintain the correct base-acid balance in the blood during hemodialysis. Unfortunately, say the plaintiffs, the powders can also cause unsafe modifications in the blood.
Granuflo and Naturalyte have been associated with heart attacks, metabolic alkalosis, which can lead to electrolyte imbalance, arrhythmia, and even coma. According to statistics, there are over 2,100 Granuflo and NaturaLyte cases pending in multidistrict litigation. In their dangerous drug cases, Plaintiffs are accusing Fresenium of not warning doctors and patients about the risks involved with the two powders. Other allegations include intentional withholding of the risks involved, and failure to warn of the increased risk to “acute” dialysis patients.
Considering that many dialysis patients, these are often people that are suffering from renal failure or diminished kidney function, typically need to undergo hemodialysis a few times week, to have Naturalyte or GranuFlo circulating through their system during this process can prove risky.
At Altman & Altman, LLP our Boston Granuflo injury lawyers would be happy to offer you a free case consultation to find out whether you have grounds for a Massachusetts drug defect case.
More Blog Posts:
The Number of Massachusetts GranuFlo Lawsuits Keeps Growing, Drug Injury Lawyers Blog, July 19, 2014
GranuFlo Lawsuits Seek to Give Patients and Families Compensation for Dangerous Drug Injuries, Drug Injury Lawyers Blog, August 13, 2013
Boston Dangerous Drug Lawsuit Over Meningitis Outbreak Linked to Massachusetts Compound Pharmacy Proceeds, Boston Injury Lawyer Blog, September 19, 2013