Fresenius Lawsuit Update 2018

Fresenius responds that while the Berzas action was not actually dismissed until 2019, it lost its class character much earlier, in March or June of 2014, when five Berzas plaintiffs filed Short Form Complaints and the remaining plaintiffs filed a stipulation of dismissal. Fresenius Medical Care reached a confidential settlement resolving thousands of lawsuits over its Granuflo and Naturalyte dialysis solutions. The agreement followed several years of...

Fresenius settled a related FCPA matter with the U.S. Securities and Exchange Commission (SEC) today, and will pay $147 million in disgorgement and prejudgment interest to the SEC, which the Department credited in its resolution, bringing the total amount paid by Fresenius to over $231 million. On , Fresenius gave notice that it was terminating the Merger Agreement.

Fresenius asserted that Akorns representations regarding regulatory compliance were so incorrect that the deviation would reasonably be expected to result in a Material Adverse Effect. Fresenius Medical Care Holdings Inc. prevailed at the First Circuit on Monday in a suit from MSP Recovery over alleged injuries linked to dialysis product GranuFlo.

On , the State filed a civil action against Fresenius, alleging that Fresenius had violated the Mississippi Consumer Protection Act by providing false product information and misrepresenting or concealing the risks associated with its dialysis product GranuFlo. The chancery court granted the States motion to compel and ordered Fresenius to produce a full and complete privilege log to the State. Fresenius produced a second amended privilege log to the State, continuing to use the family logging method.

As alleged in the complaint, from about through , Fresenius routinely performed certain procedures on patients with End Stage Renal Disease (ESRD) who were receiving dialysis, without sufficient clinical indication that the patients needed the procedures. Kentucky has filed a lawsuit against Fresenius for promoting its GranuFlo dialysate product without warning about the risk of cardiac arrest. The chancery court granted the States motion to compel and ordered Fresenius to produce a full and complete privilege log to the State.

Fresenius produced a second amended privilege log to the State, continuing to use the family logging method.