GranuFlo a product used in dialysis causes a high risk for cardiac arrest when not prescribed properly. A judge in Colorado, dismissed some claims against DaVita Healthcare partners because the company did not manufacture the products, they simply added water to the products when used. The product liability and breach of warranty claims were also dropped against DaVita.
However, the remaining claims against Fresenius Medical Care North America, the manufacturer of the products, still stand. Freesnius allegedly sent an internal memo warning about potential issues regarding the drug but failed to warn medical providers about these issues.
The Food and Drug Administration (FDA) issued a Class 1 recall. A Class 1 recall indicated that “there is a reasonable probability that the use of or exposure to a violative product will cause serious adverse health consequences or death.”
Negligence and Wrongful Death claims still stand against DaVita however, because “[i]ndeed at this stage it appears largely undisputed that the plaintiffs were severely hurt- and in some instances killed- because of hemodialysis treatments using defective products called GranuFlo or NaturaLyte.
The damages being sought in the GranuFlo lawsuits will vary between cases but the class action suit seeks damages for : Pain and Suffering; Mental Anguish; Medical bills; Lost wages; Loss of life’s enjoyment; Loss of earning capacity; and Funeral Expenses. Some of the suits seek punitive damages from Freesnius which intends to punish the defendant and deter similar future conduct.