Fresenius Failed to Warn that Dialysis Kit Could Cause Peritonitis, Suit Says

ATLANTA — A Georgia man has sued Fresenius Medical Care North America (NYSE: FMS), alleging that it inadequately failed to warn doctors and the public that its Liberty Cycler home dialysis cassettes were defective and could cause peritonitis.

According to a Sept. 12 complaint filed in the U.S. District Court for the Northern District of Georgia, Fresenius waited until September 2010 to recall certain of its Liberty Cycler Sets, despite knowing earlier that they were defective and not in compliance with Food and Drug Administration regulations.

“The Fresenius Liberty Cycler cassettes supplied to plaintiff were not merchantable or reasonably suited …