WEST VIRGINIA RECORD

CHARLESTON - A man whose wife died after using two products created by Fresenius Medical Care Holdings Inc. is suing the company.

Shirley Harris used NaturaLyte and GranuFlo in her dialysis treatment and, as a result of the defective nature of NaturaLyte and/or GranuFlo and the defendants' failure to properly label and warn about their products, she and other persons who were given GranuFlo and/or NaturaLyte products as part of their dialysis had significant health problems, including heart attack, cardio-pulmonary arrest, stroke and/or sudden cardiac death, according to a complaint filed June 19 in Kanawha Circuit Court.

Phillip Ray Harris claims the defendants concealed their knowledge of NatureLyte and GranuFlo from him and his wife; her healthcare providers; other consumers; and the medical community.

As a result of the defendants' actions and inactions, Shirley Harris was injured and died from the use of NaturaLyte and/or GranuFlo as part of her dialysis, which, as a result, caused and will continue to cause Phillip Harris' injuries and damages, according to the suit.

Phillip Harris claims the defendants failed to uphold their duty to adequately warn, train, instruct and/or monitor treating physicians and/or healthcare facilities to ensure that their products were being properly used and/or administered by treating physicians, technicians and/or healthcare facilities.

The defendants' negligence caused Shirley Harris' injuries and death, according to the suit.

A similar lawsuit was removed to federal court in June after Linda Bryant, the executrix of the Estate of Dalta Dixie Pauley, claimed GranuFlo caused Pauley's death.

The federal complaint states that Fresenius did not warn the federal Food and Drug Administration of the dangers of GranuFlo.

Phillip Harris is seeking compensatory and punitive damages. He is being represented by Kathy A. Brown of Kathy Brown Law PLLC.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Fresenius Medical Care Holdings Inc., which is doing business as Fresenius Medical Care North America; Fresenius USA Inc.; Fresenius USA Manufacturing Inc.; Fresenius USA Sales Inc.; Bio-Medical Applications of West Virginia Inc., which is doing business as Fresenius Medical Care Kanawha County; Linda Quintrell, individually and as director of Bio-Medical Applications of West Virginia Inc., which is doing business as Fresenius Medical Care Kanawha County; and Jane and/or John Doe, individually and as director of Bio-Medical Applications of West Virginia Inc., which is doing business as Fresenius Medical Care Kanawha County were also named as defendants in the suit.

Kanawha Circuit Court case number: 13-C-1158