Arthurine Williams has filed a wrongful death and product liability lawsuit against dialysis service provider Fresenius Medical Care and DaVita, Inc., in U.S. District Court for the Northern District of Alabama over allegations that side effects of the NaturaLyte and GranuFlor products caused her husband to suffer a sudden heart attack and die.
According to the lawsuit, Arthurine’s husband Johnny went to the DaVita Ensley clinic in Birmingham, Alabama on July 28, 2010 for dialysis treatment. The GranuFlo and NaturaLyte hemodialysis products were used, which are acid concentrates manufactured by Fresenius. Johnny died July 29, 2010.
The lawsuit claims that Johnny’s death was caused by the side effects of the products and that Fresenius knew or should have known about the side effects, including the increased risks of heart attack, cardiac arrest, and sudden death, but failed to warn consumers, doctors, and dialysis clinics of those risks.
In 2012, the FDA issued a Class 1 GranuFlo and NaturaLyte recall. A Class 1 recall is the most serious FDA recall status, and indicates that the agency believes the products pose the threat of serious injury or death.
The lawsuit alleges strict liability, breach of warranty, failure to warn, negligence, fraud, wrongful death, unjust enrichment, as well as the wanton and reckless manufacturing and marketing of the products in spite of their dangers, and seeks punitive and compensatory damages.