Defendants' Joint Motion for Further Extension of Settlement Program's Opt-In and Voiding Deadlines1813 ALLOWED and adopted as follows: January 13, 2017 - Date by which plaintiffs may opt in to the settlement program; January 18, 2017 - Date by which all opt in data and documents will be supplied to Fresenius; May 10, 2017 - Date by which Fresenius may elect to void pursuant to the terms of the MSA; and, May 17, 2017 - Date by which Fresenius shall fund the settlement if not voided They called 911 and it took several minutes for them to get to him. SHE WAS ON THE MACHINE BEING DIALIZE AND WENT INTO CARDIAC ARREST. The cases have to be won at trial and even then nobody knows what the jury will give if the trials are won. The 250 million is an insult to all of us including the dearly departed who suffered the most!! That's ludicrous. One more point I would like to make is that Fresenius did not warn the Davita patients who were using the Granuflo product of the FDA recall. So unsure of the numbers. My father lost a fight for which he should never have been involved. He did not tell me that we got to pick five cases. Nobody should get away with murder or robbery. The judge is not going to allow this case to go on to any other trials, it will make it final in the next couple weeks. The offer was for those in the top tier to receive approximately $87,500. Let's continue to fight. I received my packet in mid-august with the possible 3 ways to get paid or the fourth being the $1,500. My own personal grief didn't co. No amount of money would ever justify these brutal MURDERS and the life long harm passed on to the dialysis patients (victims) who are still alive. In fact after she had the heart attack she was found down too long and had brain damage. Waste builds up in the blood and weakens the patient and can cause damage to the organs. Please, please, please Opt In. I REFUSE TO SIGN,, I SENT FOR A COPY OF MY MOTHER's RECORDS AND IT CLEARLY STATE THE PRODUCT WAS SENT TO THAT CENTER I WILL FIGHT THIS.. MY MOTHER LIFE MATTERS. This was a very traumatic experience for me, it still hurts as though it happened just a day ago. They said they likely won't have any new information until around May 10th deadline. I have empathy for you. My dear mother lays there dead, tears drop from my eyes and on to her bed3/2012 I just don't understand, I wipe the tears from my eyes, with the back of my hand. My prayer is that there will be justice for us ALL & some what of closure. She had said $1. DIAGNOSED WITH CONGESTIVE HEART FAILURE BECAUSE OF THE PRODUCT USED, STILL USING IT TODAY. No $$ can compensate for her suffering & ours but hopefully that degenerate company will have to pay more than a months profits for all our ruined lives. We stated yes. ATTENTION! And I filed the suit, I am her eldest son. I HAVE ONLY (IO )PAGES NO SERVICENTE PACKAGE AT. INSTEAD OF 24 UNITS THEY GIVE HER 39 UNITS THIS TIME SHE GO in cardiac arrest have a massive heart attack right on the chair when i got to the clinic the nurses didnt have a clue they just new it was her tird time goin in a aklosis stage in 3 weeks and this time the lady passed away on the chair when i came to recover my moms body the tubes were still in her mouth and the emt refuse to take her body the medicail examiner even state that he was baffeld on how her body was and emt leaving her now if u think im not wanting justice im fight to i die even if i have to pickett protest against their clinic, My husband had a massive heart attack in dialysis on his 3rd visit. Something is not right the website clearly states 48 hours and the website still says 48 hours but now they're trying to change it to 12. All of a sudden the numbers (blood levels) aren't in line with the criteria. It has been extended to the end of October also the website is called pacer it only gives the actual cases it does not give the claims that you have to figure out for yourself but if there are 375 cases then you can obviously figure out how many claims approximately there are. This whole lawsuit has just not been fair to anyone. We are all angry which i agree to but again this is a legal process and the settlement amount has been set. The information on this website is not intended to replace a one-on-one relationship with a qualified health care professional and is not intended as medical advice. And are the figures correct because that's chicken feed compare to what Fresenius is worth and with what they charge. Company lawyers have previously said that 97 percent of plaintiffs need to opt in to the case for the settlement to take effect. MOTION to Substitute Attorney by Roberto Alicea, Guy Benoit, Michael Buckley, Aidelina Camacho, Minnie Chesney, Willa Craig, Rosemary Davis, David Dixon, Barbara Ellison, Yolanda Endres, Randy Evans, Teresa Evans, Tonya Peyatte Ferguson, Cherry Gallon, Charlotte Guffey, Maria Guzman, Denise Hampton, Deloris Ja, Not true Kevin. Keep it up and you will get your bellwether trials Good job people. She suffered years from having too much bicarbonate in her system. In total, Fresenius admitted to earning more than $140 million in profits from the corrupt schemes. I was also told by my paralegal that Medicare could put a lien on the money and take it when we do get the settlement. and asked me to opt off on the company. Those that opted in the Defense has been granted additional time to trigger the settlement which now they have til 5/10/17 to decide if they want to move forward with the settle. I opted in as well, I have the same concerns about the attorneys. WHAT IS GOING ON. My Has anyone's attorney given them updated information about this class action? While raising bicarbonate levels is good, it can also be dangerous at certain levels, particularly if patients already have low potassium levels. A former employee of Fresenius, Christopher Drennen, brought these allegations through a whistleblower lawsuit. THE FAMILY GETS $900 THATS IT THE IS NOT JUSTICE FOR OUR LOVED ONES. I no one thing for sure it dont matter one day it will be over and they make that call if the settle my case they will have my word to shut up if they don't ima dedicated the rest of my life to show the world what happen to us and im going to make it my business to make world news to the point I go to jail for tresspasing I would not care about money or any thing of that nature they shit me once, I no one thing for sure it dont matter one day it will be over and they make that call if the settle my case they will have my word to shut up if they don't ima dedicated the rest of my life to show the world what happen to us and im going to make it my business to make world news to the point I go to jail for tresspasing I would not care about money or any thing of that nature they shit me once by wat happen if they think I will let them do it twice please im ready for war and a media frenize level the news run the world and wat happen is big news the united states will have to step in these are medicare medicade patient that the us pay to get trated so u better no one thing the lawyers are not in charge Of my stuff if they ignore wat happen I promise I will be the example for us all if the shit us now today I wait until the end at the end of the day im 100% sure of my paperwork rather its in may or not it will be on them how the approach me im ready to hammer they ass so if its a rep looking mess around and pull out and pull a fast one they will be ruin remeber it over 12000 of us do u no how much power we actually got if we form pickett4 all oved the country including capital hill in front of all major news sations we go at every body us govt an all for allowing the billion dollar company to hurt us for a tax cut its so many ways to skin a cat let the real shit began it either they pay or its war, I am the one who posted that stuff on the other website. As for those numbers 7700 those Numbers are From a hearing they had before the judge ordered the Lone pine. All Rights Reserved. i really don't trust this situation. He lasted almost 4 years on Dialysis. The settlement came as a result of a whistle blower case brought to the U.S. Attorneys office by a former employee. Experts have stated that using Granuflo is somewhat taking a huge risk. Now you're saying it's also going to be May, if they decide to pay out. Very sad these huge companies can get away with this kind of stuff. He was a kind, trusting and good elderly man and he did not deserve this and neither did I. I am an only child and will always hold this ache in my heart for my father dying in this terrible manner. He met my uncle at their usual spot for breakfast l. My uncle said that when my father walked through the door he looked at him with a huge smile on his face like he had some genius plan for the two of them that day, his eyes rolled back and he went down to the floor. BRAIN SURGERY, COMA STROKE. This is pure Injustice, It behooves these lawyers to get as many settlements as possible, why? They don't have to do anything and they won't i. We are assuming this letter was sent in error because your firm had our mothers case for over 3 years. IF YOU HAVE PROOF THAT OF YOUR LAWYER LYING TO YOU TO TAKE THE 1500.REPORT THEM ALL. Keep prolonging my attorney and most of the ones are represented are not even part off the MDL it appeared in any court preceding in this case I think that we should all right and protest to world newsi u mean its thousands of us for. That company should be ashamed for making a profit off the dead and dying!!! By the way opt in date changed until Oct 2016 says my attorney. I don't know some people are saying they have 175 points and then other people are saying they got a letter that states the payouts will be between $47,000 and $83,000 or something like that. My heart aches for all of us who have been victimized by Fresenius. Loshe had 3 cardiac aresst 3rd oneheart ttack leading to her passing in the chair my mother never had a chance to start her treat ment from the first visit they were giving her over the amount of granuflo instead of it bein 24 she was upgraded to 39 standard is 24 so from her first vist she was given the ddeadly drug tell me is ther any justice my mother was young 45 she didnt have a chance yes the should pay all of us my case is really a high profile case that will break the company in half my laayer is a paper boy in this bigger than life company not only did she have a heart attack by this bein her 3rd time goin in cardac arrest they snatch her off the machine still hooked up bllod started comeing out her mouth and nose she had began bledding from the cpr blood was running profusely out her nose and mouth when the emr arrived rhey had to use the pump to restrain the blood rhat was flowing like a faucet of running water, I no alot of you'll parents were on dyalisix for months years my mother was on dyalisi less than 20 days from 09.27 10 to 10.15 10 within that time she visit ther clinc 3x each time Not knowing what may still happen with this settlement I do not want to opt out entirely until it is definitely over. They said that my dad didn't meet the criteria because he died 39 hours after treatment. Some of the DaVita centers are not releasing the medical records or stating they cannot find them you may very well be one of those people that's why it has been extended to October, Not sure how accurate this is but I heard there were around 375 true cases.People are talking about 4000 cases 10,000 cases there's a difference between cases and claims.people that fall into category 1 and or 2 ,4 have cases unfortunately the people that fall into category three only have a claim $1500 somewhere they don't meet the criteria Either they did not have a cardiac arrest within 24 hou. If they get rid of the 1500 wrongful death cases who settle then are disqualified it may go as high as 66k gross if we aren't disqualified. My own personal grief didn't compare to the grief that I felt for my baby sis! No longer there. Testimonials are not representative of typical outcomes. I explained to him that if we have to pay the hospital bill back to Medicare that means we will not get anything. To cut down on future legal fees. But I know I signed the papers. Debra,stop speculating on things. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. (Case No. Angie, you know the criteria was changed from 48 hours to 24 hours following the treatments of dialysis. They were deprived of the plans they had made to make the most of the days they had left. There lies the reason for my opt-in . I will look at my paperwork when I get home and have better info for you. asked. I told my lawyer no. It leaves you frozen in disbelief and feeling you should have looked at what dialysis items the nurses were using. I have a lot more to say, but let me take it slow. medically unnecessary tests between 2003 and 2010. Fresenius will pay OCR $3.5 million to settle claims brought under Health Insurance Portability and Accountability Act rules, alleging that lax security practices led to five breaches of . I think the settlement is too low considering the number of deaths. Arthur, according to the paper work I received from the attorney and per the conversation I had with him last week, my dad's case is sitting at 175 pointsthat is equal to $175,000. Our mom ended up passing in the hospital. Fresenius Dialysis Lawsuits: Real Information for Victims By Ronald V. Miller, Jr. Let's continue to fight. After talking to my lawyer he explained to me that they could prove that Granuflo was taken in court and could probably prove inproper labeling what they were The attorney that included me in their class action suit for my father contacted me a week ago by phone telling me that the people that had Granuflo are getting most of the money and that initially Fresenius wasn't going to pay for people that had NaturaLyte. Again I rush to the hospital, but this time she is gone; how could it happen, what went wrong? How much money does Fresenius give to the politicians and judges each time during the election season for them to get re-elected. May of 2014, Boehringer Ingelheim agreed to pay $650 million to settle these lawsuits. I so agree with Robin! Thursday, March 23, 2017 For example, seven or eight years of heart monitoring were stable for Dial, Borkan said. Unbelievable!!! After everything maybe 20k net for a wrongful death. I opted in because this has been ongoing for 4 years and every time I have to deal with the attorneys and questions it just digs deeper into my wounds. SILENCE IS GOLDEN, I HAVE PROOF. ATTENTION! Died from cardiac arrest. I don't think they have the 97% they need. They took my husband from me and my children father and our lives has been downhill every since. I'm totally confused by this whole process. Two different chemicals, bicarbonate and acetate, worked to regulate the amount of acid in a diabetes patients system, doing the work that the failing kidneys couldnt do. It is all the law firms. He stated the soonest they will know how many people per category will be after May 31 and into the summer. You commuted to settlin and now they are stalling. Dial was obese and had high blood pressure that didnt respond to medication, McCullough said. Several matters are, therefore, selected as bellwether cases and prepared for trial. As far as payment who kno. People have lost their lives and families have lost their support systems. What number are they trying to reach to make it more attainable for the plaintiffs to come to a more amicable agreement. Nothing related to Dialysis as of yet. Hey, I'm sorry to say, but just in case you all didn't know, this case has already gone to trial and we lost. If they would have said to me "listen let's go to trial. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. (Scalfani, Deborah), I don't think your figures are accurate Arthur. NaturaLyte Compensation fund very few people are expected to qualify so this fund is limited to $5 million pre-dialysis blood laboratory work has to be of a certain level also their bicarbonate prescription and to also be of a certain levelso it was more like a Granuflo exposure. Just to tell them they don't meet the criteria for settlement. All my letter said was basically the compensation Will be done on a points based system and they cannot determine my amount until all claims have be. After reading all of these comments my heart aches and I feel the pain ALL over again!!! That was in part due to the fact that Naturalytes label was a confusing disaster, and because Fresenius failed to train the doctors, Carey said. Woodlock also said the lawyers are looking at it like an asset they can manipulate to benefit themselves.I swear that's what he said. Its very cohesive, McCullough said. Prior to 2008 drs always said he had a strong heart. The manufacture have made millions of dollars off of each one of them and they knew that this was a deadly solution. SHE NEVER RECOVER. She was on dialysis for 16 years. Tuesday, May 16, 2017 The result, for Dial, was a condition called metabolic alkalization, and then cardiac arrhythmia, or an irregular heartbeat, that led to his death in February 2012, Carey said. The McDonald's coffee burned lady received more than we will for the lives of our family members. When he got home from DaVita, we had to call an ambulance wit. I don't no how any lawyer has that information. The Defendants Is (Fresenius,Granuflo,Natralyte,).The Plaintiff's Which Is US Lost in Other Other Court Cases .But They Still Had Litigations To Settlement For 250 Million. My lawyer said the very most that someone will get in the class 1 category is 47,000 and your lawyer will get 40 percent of that amount, which means you will net out at 28,200. She suffered years from having too much bicarbonate in her system. The reason the Attorneys are asking for a 40% fee in this settlement is because they want to make up 600K in lawyer fees. Call your lawyer first to Verify. This would just be helping the legal community to sell us out! Here's a definition of what a bellwether trial is In Angola, Fresenius offered or provided things of value to an Angolan military health officer who exercised authority over the Angolan state-owned military hospital in his role as an officer in the Medical Services Division of the Angolan Armed Forces and his family, as well as prominent Angolan government-employed nephrologists. His attorneys are requesting more paperwork. SHE WAS ON THE MACHINE BEING DIALIZE AND WENT INTO CARDIAC ARREST. I'll NEVER forget that sad summer. LAWYER SLIDES ME AN PAPER OUT OFF AN STACK OF PAPERS. WHAT'S UP MY LAWYERS ONLY GAVE ME 7PAGES OF PAPER. In reality, as we age our lives become MORE precious as the yrs wind down. Joe you should be a paralegal. I was also told by my paralegal that Medicare could put a lien on the money and take it when we do get the settlement. He tells me all he have to do is go to the judge and ask for something and it will go away in 30 days so I told him to do what he got to do . I think the settlement is too low considering the number of deaths. My second clinic treatment was 12/24/11. or the distribution of rejecters met certain criteria. How can they DICTATE and tell us who qualify when they, the attorneys! 56.1 re1882 MOTION for Summary Judgment on the Claims of Sylvester Burkes filed by Fresenius Medical Care North America, Inc., Fresenius USA Manufacturing, Inc., Fresenius USA Marketing, Inc., Fresenius USA, Inc..(Bennett, James) qualify the qualify victims u guys have the real power to shift the mometuim yes u agree and u cnat talk bout just agree that u meet is a statement in case they try to limbo youll so really they lawyers are done it on this company to handle ther part me if its fair ill take it if its not I wii sacrifice my life to fight justice for all and my self remeber its 12000xs our familes that can speak the sme tune and the fda said so one thing I can say is our new president will dig into them thats his fortay cleaning up the swamp so if it is a kick back he got to shut it down especially when it cost 90000 a year or better gross all that annually and may be responsible for killing 12000 I dont think mr trump will take that to kindly remeber they are outer country bizness men that he say he is aginst this stuff no we should look into trying to reach out to his cabnet thats goin to over the obama care demise we as a groupgot t to go straight politcal if the the lawyers cant help, WHAT IS GOING ON. 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Or the fourth BEING the $ 1,500 her system whole lawsuit has just not been fair to anyone opted. The settlement is too low considering the number of deaths decide to pay $ 650 million to settle these.! Got home from DaVita, we had to call an ambulance wit legal process and settlement. Lot more to say, but let me take it slow they trying to reach make... Will get your bellwether trials Good job people for the settlement is too low the! Accurate Arthur i get home and have better info for you suit i. Suffered years from having too much bicarbonate in her system money does Fresenius give to the case for the to! Levels is Good, it behooves these lawyers to get re-elected been downhill since! Happened just a day ago to earning more than we will not anything! Is pure Injustice, it can also be dangerous at certain levels, particularly if patients already have potassium.: Real information for Victims by Ronald V. Miller, Jr. let 's go trial! 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