Kelly Holleran Feb. 11, 2014, 7:14am

A New York woman has filed suit in St. Clair County Circuit Court against the manufacturer of a dialysis product, saying one of her relatives died after using it.

Janice Hill, as administrator of the estate of Lymidis Hill, filed a lawsuit Jan. 31 against Fresenius Medical Care North America Inc., Fresenius Medical Care Holdings Inc., Fresenius USA Manufacturing Inc., Fresenius USA Marketing Inc. and Fresenius USA Sales Inc.

According to the complaint, Lymidis Hill was utilizing a dialysis product called GranuFlo, a treatment for patients with late-stage kidney failure. The product, which is manufactured by defendant Fresenius, is designed to perform the function of human kidneys by cleansing and removing waste from the blood, according to the complaint. However, the solution of fluids in the liquid manufactured by Fresenius had been known to cause metabolic alkalosis, which causes an increased risk of cardiopulmonary arrest and sudden cardiac death, the suit states.

Lymidis Hill was using a GranuFlo machine on Feb. 1, 2012, and immediately following his treatment, Lymidis suffered a sudden cardiopulmonary arrest and a heart attack, which caused his death, according to the complaint.

Janice Hill blames Fresenius for causing her relative’s death, saying it failed to properly design and test GranuFlo, sold GranuFlo while it was in a defective condition, sold GranuFlo when it was not fit for its ordinary purpose and failed to warn purchasers and users of GranuFlo’s defective condition. Janice alleges breach of express warranty, breach of implied warranty, negligence, strict liability and failure to warn, defective design, failure to adequately test, failure to conform, negligent misrepresentation and fraud against Fresenius.

The plaintiff is seeking an unspecified judgment, plus costs, interest and other relief the court deems just.

She is being represented by John J. Driscoll of The Driscoll Firm in St. Louis.

St. Clair County Circuit Court case number 14-L-134.

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