As Tennessee attorneys investigating claims for wrongful death against Frensenius Medical Care, we believe it is highly unlikely that Tennesseans will end up in a class action lawsuit in these cases. This post will share some information about class actions to help readers understand our view on this issue.
A class action is a lawsuit filed on behalf of a large number of people with similar claims against a particular defendant.
The filing of a class action is relatively easy. The hard part is getting a court to certify the class. Without class certification, the class action lawsuit has no impact on any other member of the purported class . Federal and state courts both have detailed rules on when it is appropriate for a court to certify a class. Some of the most important questions that must be addressed are:
1. Are the issues of law and fact in the lawsuit common amongst all members of the purported class?
2. Are there so many individuals affected that it is more practical to have them before the court in a single class action lawsuit?
3. Is the lead or named plaintiff able to adequately represent the other persons involved in the lawsuit?
4. Are the claims and defenses of the representative parties typical of the claims or defenses of the class?
5. Is a class action a superior method for fairly and efficiently handling the case?
Even if the class is certified by the court, it is possible for individuals to "opt-out" of the class action proceedings. Thus, no one has to stay in a class action lawsuit unless they want to stay in it.
To date, we are unaware of any class action lawsuits even being filed, let alone certified, related to GranuFlo or NaturaLyte products. But, it would not be terribly surprising if some lawyer files lawsuit and seeks class certification.
One challenge that anyone seeking class certification in the GranuFlo and NaturaLyte cases will have is that one of the defenses of Fresenius will likely center on the past medical history of the victim. Obviously, this is patient-specific and will undermine class certification based on issue #4 above. For instance, a patient with a history of heart disease and a prior cardiac arrest will face issues different issues in proving the cause of the cardiac event than will be faced by those who had no cardiac history. It is this type of issue – and there are many more issues as well – that makes it very difficult to certify a class action in any type of personal injury or wrongful death case.
In short, class action lawsuits are really not the central issue for affected patients and their families. The main concern for anyone suffering an injury due to dialysis with GranuFlo or NaturaLyte is obtaining prompt, individual analysis of their GranuFlo and NaturaLyte claims with an experienced and award-winning lawyer.
If you or someone you know developed GranuFlo or NaturaLyte side effects following dialysis, visit these pages to learn more about these products, the recall and then call us for a free, no-obligation consultation in which we will answer your questions and advise you of your rights. We handle GranuFlo and NaturaLyte cases on a contingency basis which means we only get paid if we recover money for you. And because we advance all case expenses, you will never be out of pocket any money to pursue your GranuFlo or NaturaLyte case. Contact us using our on-line form or by calling 615-742-4880 or toll-free 866-812-8787.