Dialysis patients may unknowingly be at risk of death or serious injury due to improper procedures at their outpatient dialysis center.
Dialysis deaths and hospitalizations led to the May 8, 2013 closing of the Bessemer Kidney Center, which is owned by Fresenius Medical Care. AL.com reported on May 18, 2013: “A review of state health department inspection reports shows that a March 15, 2012 inspection found that the Bessemer Kidney Center did not meet standards for infection control, glove use and disinfection of surfaces, among other things.”
Fresenius Medical Care is the largest provider of outpatient dialysis in the U.S. But it also manufactures dialysis medical devices and, up until March 29, 2012, dialysis drugs. Two dialysis drugs made by Fresenius, GranuFlo and NaturaLyte, were recalled on March 29, 2012.
The FDA classified the Granuflo recall and NaturaLyte recall as Class 1 recalls. The FDA NaturaLyte and GranuFlo recall notice stated: “Class I recalls are the most serious type of recall and involve situations in which there is a reasonable probability that use of these products will cause serious adverse health consequences or death.”
The GranuFlo recall and NaturaLyte recall came after a number of dialysis patients suffered heart attacks or other cardiac problems caused by the dialysis drugs.
There have been so many NaturaLyte and GranuFlo lawsuits filed that the lawsuits have been consolidated in MDL 2428 (In re: Fresenius GranuFlo/NaturaLyte Dialysate Products Liability Litigation) in the US District Court for the District of Massachusetts.
Personal injury attorney Michael J. Evans organized a dialysis lawsuit team to represent people in NaturaLyte or GranuFlo lawsuits. After researching Fresenius, DaVita, and other dialysis providers, Evans concluded that dialysis patients are often at risk of death or injury in dialysis centers due to violations of dialysis regulations.
This presentation was created as a result Evans’ research into the quality of care provided by outpatient dialysis centers in the U.S.
As a result of the research, Evans and his litigation partners have decided to accept cases of injuries and deaths caused by dialysis malpractice.
If you or your loved one suffered injuries or death due to GranuFlo, NaturaLyte, or other dialysis problems, you may obtain a free legal evaluation of your claim by visiting http://Dialysis-Lawsuits.org, or by contacting attorney Michael J. Evans using the contact form here on SlideShare.
You may also wish to view the websites of Evans' litigation partners, Yearout & Traylor, P.C. at http://www.Yearout.net, and Gathings Law at http://www.GathingsLaw.com.
(Attorney advertising disclaimer: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. The hiring of a law firm is a serious decision that should not be based on advertising alone.)
Keywords: granuflo lawsuit, dialysis
3. Good dialysis facilities require good staff.They should
be experienced, friendly and helpful.
There should be at least one full-time registered
nurse.
Be wary if your facility schedules five or six patients
per day.This stretches resources and leads to tired,
stressed and overworked staff.
Some patients have even reported being allowed to
soil themselves rather than pause treatment.
4. There are no staff limits in US dialysis facilities.
Many facilities are staffed by technicians, who only
require a high school diploma and in-center test to
start work.
Did you know?
5. Henry baer - technicians gone
wrong
39-year-old Henry Baer was attending a
Fresenius centre when his incoming bloodline
disconnected.
The technician supervising panicked, “yelling and
screaming hysterically”.Against medical guidance,
he then reattached the catheter, allowing
potentially contaminated blood to return to
Baer’s body.
Two days later, Baer had a convulsion. Hospital
tests showed that his catheter had become
infected, and the infection had spread to his
brain and heart. He died two days later, leaving
his wife and two-month-old daughter.
Fresenius declined to comment, but settled
wrongful death suit with his family.
7. According to Centers for Disease Control and
Prevention, infection is the 2nd leading cause of death
in dialysis patients.
The Atlantic studied 1,500 clinics around the US
between 2002 and 2009.They found filthy or unsafe
conditions in just under half.
8. There are no staff limits in US dialysis facilities.
Many facilities are staffed by technicians, who only
require a high school diploma and in-center test to
start work.
Did you know?
9. Bessemer Kidney Center
In May 2013, the Fresenium-owned Bessemer
Kidney Center was cited for failing to follow
infection guidelines.
In the inspection report, it was noted that the
registered nurse “removed the old dressing and
began cleaning and applying a new dressing to
the catheter inspection without changing
gloves.”
The inspector then found that the same patient
had previously been hospitalized with a
catheter infecion.
The Bessemer Center was closed following the
inspection in May, and reopened at the end of
June.
11. Medicare insist that all dialysis facilities are inspected
at least once ever three years, although a 2009 study
showed that one in ten centers hasn’t been inspected
in at least five years.
Medicare can demand that facilities that fail to meet
government standards submit a correction plan.
Facilities can be terminated from Medicare, but this is
very rare to prevent hindreing access to care.
Between 2000 and 2008, only 16 facilities were
banned.
12. James McMurry – Failed
Inspections
66-year-old James McMurry took a regular
blood thinner before dialysis treatment.
In 2007, nurses discovered that his blood flow
was too slow, and administered a clot dissolving
medication.
Hours after returning home, James’ neighbor
heard him banging on the wall. Paramedics found
him slumped in a chair, vomiting.
James had suffered a devastating brain
haemorrhage, and had slipped into an
irreversible coma by the time his family got to
him.
Doctors denied authorizing the medication, and
the center was closed.
14. Is your facility supportive?
Dialysis can be scary, but most facilities have plenty of
support options in place.These can include a social
worker, dietician, exercise classes and relaxation
classes.
If your facility does not encourage communication
between patients, or does not share news or
inspection results, it could be underperforming.
15. Larry Hall – A Question Too Far
51-year-old Larry Hall had attended a DaVita
facility in North Carolina for over nine years
when he received a letter cancelling all future
treatments immediately.
DaVita included a ‘helpful’ list of other centers
Larry could use, none of which were DaVita.The
closest was 50 miles away.
Larry’s treatment was cancelled after he
challenged clinic managers on the facilities
performance.
Hall won a $10,000 jury award against DaVita.