Fresenius Medical Care Withheld Information, Responsible for Deaths of Dialysis Patients, Lawsuit Filed by Hagens Berman Claims

  Fresenius Medical Care Withheld Information, Responsible for Deaths of
  Dialysis Patients, Lawsuit Filed by Hagens Berman Claims

Business Wire

SEATTLE -- January 14, 2013

Hagens Berman Sobol Shapiro LLP, a law firm with extensive experience
prosecuting negligence cases against the pharmaceutical industry, has filed a
series of lawsuits against Fresenius Medical Care North America (FMC), a
subsidiary of Fresenius Medical Care AG & Co. (NYSE: FMS), the largest
hemodialysis company in the world, alleging the company failed to inform
patients, the medical community or the Food and Drug Administration (FDA) of
serious, life-threatening complications resulting from the use of its GranuFlo
and NaturaLyte products in dialysis patients.

The plaintiffs in the suits claim that FMC’s products caused them to suffer
heart attacks, strokes and brain aneurysms, risks the company was aware of far
in advance of informing the FDA.

Steve W. Berman, managing partner of Hagens Berman and the attorney
representing more than 30 alleged victims, expressed outrage at FMC’s

“We have an internal memo dated November 4, 2011 that shows FMC knew their
products put patients at a much higher risk of catastrophic events including
stroke, cardiac arrest and other life-threatening complications,” said Berman.
“We intend to prove that rather than informing the FDA and seeking guidance,
the company continued to aggressively market products it knew would put
thousands of dialysis patients at risk.”

The memo also included instructions for FMC clinics designed to reduce the
risk of life-threatening complications.

“We know that FMC thought the risks associated with its products were very
serious, because it provided very clear advice to its own clinics on how to
mitigate the issues,” said Mr. Berman. “In a stunning failure, however, FMC
did not pass the word along to its other customers, a move that may have been
good for short-term profits but risked thousands of patients’ lives.”

The FDA obtained a copy of the November 2011, internal memo and ordered a
Class 1 recall, the most urgent type, of FMC’s GranuFlo product on March 29,

The filed lawsuits allege that FMC is guilty of negligence for continuing to
promote and market GranuFlo and NaturaLyte and asks the court to award damages
to the plaintiffs.

Hagens Berman is continuing to investigate the facts in this matter and
encourages individuals who suffered from serious complications after receiving
GranuFlo or NaturaLyte treatment to contact the firm. An attorney can be
reached for a consultation by calling (206) 623-7292 or by emailing

More information is available at

About Hagens Berman

Seattle-based Hagens Berman Sobol Shapiro LLP is a national plaintiff-focused
law firm with offices in ten cities. Founded in 1993, we represent plaintiffs
in class actions and multi-state, large-scale litigation that seek to protect
the rights of investors, consumers, workers, whistleblowers and others. More
information about the firm is available at


Firmani + Associates Inc.
Mark Firmani, 206-443-9357
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