MSP Recovery’s Claims Dismissed in Fresenius GranuFlo/NaturaLyte MDL

BOSTON — A Massachusetts federal judge has dismissed a third-party payor assignee’s claims accusing Fresenius of failing to warn that its dialysis product GranuFlo can cause heart attacks, ruling that they are untimely.

In a Sept. 7 order, Judge Nathaniel M. Gorton of the U.S. District Court for the District of Massachusetts ruled that MSP Recovery Inc. is not entitled to class action tolling because it failed to establish that it is a member of an original putative class in the Fresenius GranuFlo/NaturaLyte MDL.

Medicare payers, first-tier, downstream, and related entities assigned MSP Recovery the right to recover direct economic …