Fosin Lawsuit Update – Part II
The Fresenius Lawsuit Update is an informative book that provides an in depth look at the company that is recognized as one of the leading health supplement companies. Fosin was a key player in the Natural Products industry until recently when it was sold to GlaxoSmithKline (GLSK). GLSK acquired the brand from Fresenius, Inc., which was a direct competitor of GLSK. GlaxoSmithKline now owns the international rights to the Fosin and MEO business opportunity.
According to the plaintiffs in the Fresenius Lawsuit Update, Daphna Tovar claims that she received an EKG because of her using Fosin to treat a back pain issue. The company’s marketing literature indicated that it was okay to use the product for back pain issues, however, the plaintiffs claim that this was not true. In addition, the marketing literature also indicated that there were no negative side effects of using the product as directed. When the plaintiffs contacted Fresenius about the lack of evidence supporting the positive benefits associated with Fosin, the company’s agents failed to conduct any investigation into the credibility or reliability of the information.
The plaintiffs further claim that Daphna suffered permanent damage as a result of the negligent actions of her former dialysis nurse, Lisa Anderson. Ms. Anderson is accused of failing to obtain the necessary dialysis machine equipment for the patient and not providing appropriate instructions for treating the patient’s pain. This is the alleged basis for the lawsuit against Fosin. Other claims of negligence come from other parts of the case, including negligence on behalf of the dialysis center, the failed ability to provide adequate dialysis training to its staff, and the failure to adequately compensate the patients for their loss.
The crux of the matter revolves around two products: Fosin Plus. Fosin is manufactured by Fresenius and is used for dialysis treatments. Fosin Plus is manufactured by another company, called Simavita. Simavita is a direct seller to Fresenius and is responsible for distributing the various dialysis treatments derived from Fosin. As is the case with many prescription and over-the-counter (OTC) medicines, both Fosin Plus contains active ingredients that can cause adverse effects when combined with one another.
Fosin was identified as an unsafe product in at least three different occasions. These include Fosin lawsuit updates filed in the Federal District of California, in which the plaintiffs filed suit against Simavita, claiming they had been injured by a combination of Fosin and Simavita. Simavita has denied the allegations. A federal district court has ruled that one of Simavita’s unbranded pumps contained Fosin, and this combination caused a “severely acute” reaction among plaintiff’s who used the product. The FDA has also acknowledged the plaintiffs’ claims in this case, but has declined to open a formal investigation into Simavita’s manufacturing process.
Fosin was identified in another set of lawsuits filed in the same court in Florida, in which plaintiffs claimed that they suffered injuries from Simavita’s improperly mixed products. Simavita has acknowledged liability in this case, and in a third lawsuit filed in Florida, Simavita has agreed to pay a fine of approximately $6 million to settle the federal claims brought forth in the first two cases. Simavita has also acknowledged liability in connection with the manufacturing and distributing of Fosin.
