Hagens Berman Announces $383.5 Million Jury Verdict Against Dialysis Provider, DaVita, in Wrongful Death Lawsuits
DENVER – A Denver jury awarded a monumental $383.5 million jury verdict against GranuFlo dialysis provider, DaVita Inc. today, according to national law firm Hagens Berman in conjunction with the North Carolina-based Paynter Law Firm.
The firms represented the families of three patients who suffered cardiac arrests and died after receiving dialysis treatments at DaVita clinics. DaVita treated the patients with GranuFlo, a product DaVita knew could cause toxic pH imbalances and alkalosis in its patients.
The jury verdicts were returned June 27, 2018, in the U.S. District Court for the District of Colorado. Each of the three parties was awarded $125 million in punitive damages from the jury, with compensatory damages ranging from $1.5 million to $5 million.
The cases against DaVita originated in 2013 when the firm filed multiple wrongful death suits alleging, “[t]here were several things DaVita could and should have done, but did not do, to protect its patients.” According to the complaints, the dialysis provider failed to inspect and review the composition of GranuFlo and noticed changes, and DaVita should have noticed a significant upswing overall in bicarbonate blood levels when patients returned for dialysis treatments. The firm’s lawsuits also state that DaVita should have been aware of the uptick in reports of death and complications. Meanwhile, DaVita promoted itself as a provider of superior patient care.
“DaVita ignored many red flags that preceded the loss of life of these three patients and many others,” said lead trial attorney Rob Carey of Hagens Berman. “It is our mission now to fight for the rights of those who lost their lives due to DaVita’s abhorrent oversight and negligence.”
On Mar. 29, 2012, the FDA issued a Class 1 recall of GranuFlo, informing dialysis clinicians that the excess acetate contained in GranuFlo can result in high bicarbonate levels in patients causing metabolic alkalosis – a significant risk associated with low blood pressure, hypokalemia, hypoxemia, hypercapnia and cardiac arrhythmia, which may result in cardiopulmonary arrest and death.
“Our attorneys work tirelessly for individuals who are wronged by large corporations and will continue to fight for justice on behalf of those who lost their lives due to the oversight and carelessness of DaVita in administering GranuFlo dialysis,” said Hagens Berman managing attorney Steve Berman.
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About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with ten offices across the country. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List eight times. More about the law firm and its successes can be found at https://www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.
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