Learn About Foenius Dialysis Lawsuits
The Fresenius Dialysis Lawsuit is a wrongful death suit that was filed against dialysis clinics for negligence that ultimately caused the death of a patient. The patient, Thomas H.K. had been receiving dialysis treatments at several locations including a Fresenius Health Care facility inapt, Florida. At one time while receiving these dialysis treatments, Mr. H.K. became very ill with a heart condition that eventually resulted in his death.
This case was brought by the family of Mr. H.K. His son, Michael, now a senior, pursued and obtained a lawsuit on behalf of his father, seeking damages for the wrongful death. The complaint in the lawsuit accused Fresenius Health Care of failing to provide adequate maintenance for the elder patient, which resulted in him requiring more and stronger dialysis treatments including invasive procedures, which sometimes harmed him. A panel of experts hired by the family claimed that this was a result of “systemic and systematic failures”. Additionally, the panel maintained that the hospital, through its ranking management team, failed to provide leadership or other guidance to senior managers that might have resulted in the chain of events that ultimately resulted in the lawsuit.
On appeal, the case moved forward to a jury trial. Plaintiffs’ counsel, Robert T. Kline, III, of Miami, Florida, argued that the deficiencies found by the experts proved that there were systemic and systematic failures at the facility. These included, among other things, the failure to provide bicarbonate in the diet of dialysis patients, the failure to provide quality maintenance fluids, and the inappropriate use of medications. Among other matters, the jury heard from a former senior dialysis technician at Fresenius who alleged that the company’s leaders did not take enough care of him and that his treatment was substandard. The lead plaintiff in the case, identified as John M. Devlin, a former president of Fresenius, testified that he could not remember whether any Bicarbonate supplements had ever been provided to him. He also testified that at one time, the company’s top management ignored his suggestions regarding how to improve the quality of his treatments.
The plaintiffs also alleged that they suffered a loss of services including undue stress, unnecessary surgery, unnecessary hospital stays, undue pain and suffering, loss of companionship, confusion, depression, and grief resulting from the incident. Some of these suits have already been settled. One case involving a patient who died from a heart attack while waiting to receive a heart transplant is being resolved after a settlement was reached between the plaintiff and the hospital. The verdict in that case was not able to prevent further litigation in favor of the plaintiff. In a related wrongful death case, a trial involving three patients who died of heart attacks while waiting for a heart transplant has resulted in a decision against the hospital.
In addition to heart attacks, cardiac arrest, and other fatal conditions, Fresenius dialysis lawsuits also involve allegations of negligence. There are a number of allegations against Fresenius concerning its use of unnecessary cardiac arrest drugs during dialysis procedures. In one instance, the company allegedly administered drugs to patients whose heart rates were dangerously low despite the fact that such low rates would cause organ failure and death. The company also allegedly failed to supply appropriate medications when one of its dialysis patients became severely ill shortly after starting a new prescription. In another case, the company is accused of administering a patient with a drug that caused a series of infections in the urinary tract.
Multidistrict litigation can be filed in several different circumstances. Personal injury lawsuits can be brought against any individual, corporation, or physician that causes personal harm due to another person’s defective product or medical malpractice. Multidistrict litigation can also be brought against any entity that is held liable for the wrongful death of a patient through medical malpractice. Whether or not you choose to pursue a lawsuit depends on the extent of your injury and the strength of your complaint.