From Illinois to New York and everywhere else in the United States, people expect medical products to provide them with health benefits. Unfortunately, there are times when this is not what happens. Instead, the person who uses the product ends up in a worse position.
A New York woman has filed a lawsuit against Fresenius Medical Care North America Inc. as the administrator of the estate of a relative who died after using the dialysis product known as GranuFlo. According to the lawsuit, the man was using the product to treat late-stage kidney failure. However, the solution that is used by the company is known to cause metabolic alkalosis, which can lead to sudden cardiac death.
The man was using one of these machines in 2012 when he suffered a heart attack immediately following treatment. His relative filed a lawsuit believing that Fresenius is directly responsible for his death, noting that the design and testing of GranuFlo was flawed. In addition to breach of express warranty, she alleges negligence, breach of implied warranty, strict liability and failure to warn, defective design, failure to conform, negligent misrepresentation, and fraud.
It is a shame that defective products still make their way to the market, especially in the medical field where there is little or no room for error. In this case, a woman feels that her loved one was killed as the result of such a product. Lawsuits in these cases is sometimes the only way to ensure these mistakes are decreased in the future.
Consulting with an experienced attorney can make it easier to better understand the laws associated with this type of situation.
Source: The Madison-St. Clair Record, "Dialysis product GranuFlo allegedly caused relative’s death; New York plaintiff files suit in St. Clair County" Kelly Holleran, Feb. 11, 2014