Lawsuits Archives | Osborne & Francis

Granuflo Lawsuits Are On The Rise

By | Medical Products Lawsuit, Medical Products Liability | No Comments

Following a Class I FDA Recall, GranuFlo and NaturaLyte Lawsuits on the Rise

Fresenius Medical Care is one of the largest manufacturers and suppliers of dialysis machines and disposable products. In addition to its own clinics, Fresenius also supplies many other dialysis treatment centers and clinics. GranuFlo is a powdered chemical that uses sodium diacetate to create bicarbonates. NaturaLyte is the same type of chemical but is administered in liquid form. High levels of bicarbonates are known to cause significant health problems. Dialysis patients receiving GranuFlo or NaturaLyte treatments may be six to eight times more likely to experience fatal cardiac arrest.

Following a dramatic increase in the number of complaints and adverse events linked to GranuFlo, the Food and Drug Administration (FDA) issued a Class I Recall on March 29, 2012. A Class I recall is the highest level of recall and is issued for products which present a strong danger of serious injury or death.

Currently, there are more than 1,800 pending lawsuits against GranuFlo and NaturaLyte with the first trial slated to begin in January 2016. These lawsuits allege that Fresenius “intentionally, recklessly and/or negligently concealed, suppressed, omitted and misrepresented the risks, dangers, defects and disadvantages of GranuFlo and NaturaLyte.”

Current evidence supports claims that Fresenius was aware of the dangers associated with GranuFlo, specifically an increased risk of cardiac arrest, and willfully failed to warn all clinics and doctors that used these chemicals. An internal memo from Fresenius claimed that 914 patients undergoing dialysis treatments at Fresenius-owned clinics experienced cardiac arrest in 2010. Company employees concluded that these patients all had excessive levels of bicarbonates in their blood.

If you or a loved one suffered health complications due to dialysis treatments you may be able to recover significant damages for:

  • Medical expenses
  • Lost wages
  • Emotional and physical suffering
  • Wrongful death

It is important to seek legal advice as soon as possible to ensure you have the best chance at receiving maximum compensation. Schedule a free initial consultation with the Florida medical product liability attorneys at Osborne & Associates to explore your options.We can be reached at 561-293-2600 or online.


Filing a Transvaginal Mesh Lawsuit

By | Transvaginal Mesh, Transvaginal Mesh Lawsuit | No Comments

Proven Legal Guidance to Help You Navigate the Process of Filing a Transvaginal Mesh Lawsuit

Transvaginal mesh has been used since the mid-to-late 1990s to treat common medical conditions such as Pelvic Organ Prolapse (POP) and Stress Urinary Incontinence (SUI). Several large manufacturers and pharmaceutical companies have entered the market with transvaginal mesh products. The most prevalent makers of transvaginal mesh include

  • Boston Scientific
  • Ethicon, Inc. (Johnson & Johnson)
  • R. Bard, Inc.
  • American Medical Systems
  • Coloplast Corporation

Collectively, these companies are facing more than 100,000 lawsuits filed by patients that have experienced serious health complications following mesh implantation. Thousands of women have been required to undergo additional surgical procedures in an attempt to correct or remove transvaginal mesh, but many are left with permanent side effects that greatly reduce quality of life.

If you’ve experienced complications following a transvaginal mesh procedure, you may be able to recover damages for your medical expenses, lost wages and pain and suffering. It is important to seek legal advice as soon as possible after you become aware of a potential problem to ensure that you are still eligible to file a lawsuit. Generally, you have two years from the date the injury occurred or the date you became aware of the problem to file a lawsuit. In most transvaginal mesh cases, the statute of limitations does not start until you have complications attributable to the mesh. There are several steps that must be taken throughout the process and your case may go on for several years.

If filing a lawsuit is in your best interest, the Florida transvaginal mesh attorneys at Osborne & Associates work diligently to fully evaluate your medical history, gather evidence to support your claims as well as expert medical testimony to substantiate and prove the extent of the health complications you’ve experienced. We work with all parties involved to negotiate your case and reach a full and fair settlement. If a settlement cannot be reached, we are ready to take your case to trial to achieve the maximum compensation you deserve.

The complications associated with transvaginal mesh have the potential to negatively impact your personal and financial well-being for many years to come. Hiring an experienced transvaginal mesh lawsuit attorney with significant litigation experience is your best chance at receiving the restitution you deserve. To discuss your options during a free, initial consultation, contact our Boca Raton office at 561-293-2600 or contact us online.

Transvaginal Mesh Lawsuit Update

By | Transvaginal Mesh, Transvaginal Mesh Lawsuit | No Comments

Record-Breaking Transvaginal Mesh Verdict Awards Victim $100 Million

Currently, it is estimated that there are more than 100,000 lawsuits pending against transvaginal mesh manufacturers including Boston Scientific, Ethicon, Inc. (Johnson & Johnson) and C.R. Bard, Inc. Just this past May, a Delaware jury handed down a $100 million verdict against Boston Scientific.

The plaintiff, a 51-year-old woman, sued the company after having the Pinnacle and Advantage Fit mesh implanted in 2009 to correct pelvic organ prolapse (POP) and stress urinary incontinence (SUI). Following the initial implantation, she experienced serious side effects including pain, urinary tract infections and painful intercourse. She also underwent two additional unsuccessful corrective surgeries. The $100 million is comprised of $25 million in compensatory damages and $75 million in punitive damages.

Following the trial, the jury found that Boston Scientific was negligent in the design and manufacturing of the mesh products and fraudulently failed to adequately warn doctors and patients about potential risks associated with mesh implantation. In July 2014, a Texas jury awarded a $73 million verdict to a similar plaintiff. This award was later reduced to $34 million due to Texas’ specific punitive damages cap.

The FDA has issued warnings about the use of transvaginal mesh and potential complications including

  • Pain
  • Infection
  • Mesh erosion
  • Pain during sex
  • Organ perforation
  • Urinary tract infections

At Osborne & Associates, our Florida transvaginal mesh attorneys have handled numerous transvaginal mesh cases and were personally involved in securing a $26.7 million verdict in November, 2014. While each case is different and presents its own challenges, our transvaginal mesh attorneys are ready to explore any and all legal options that may be available for you. To discuss your case, call 561-293-2600 or send an email.