CHARLESTON - A lawsuit against Fresenius Medical Care Holdings Inc. involving GranuFlo and NaturaLyte has been removed to federal court
The removal, which was filed July 23, states that the case is removable because the amount in controversy exceeds $75,000 and the properly joined parties are diverse in citizenship, according- to the Notice of Removal.
The Notice of Removal also states that Linda Quintrell, a defendant in the suit, has been fraudulently joined as a defendant when she was not even an employee by Fresenius at the time of the alleged conduct, "so Plaintiff cannot state a claim against her."
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 originally filed June 19 in Kanawha Circuit Court.
Phillip Ray Harris claims the defendants concealed their knowledge of NaturaLyte 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.
Similar lawsuits were removed to federal court previously and were transferred out-of-state to a Multidistrict Litigation proceeding in Massachusetts federal court.
Fresenius' headquarters is in Waltham, Mass.
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.
U.S. District Court for the Southern District of West Virginia at Charleston case number: 2:13-cv-20858