MSP Recovery’s Claims Untimely in Fresenius GranuFlo/NaturaLyte MDL, 1st Cir. Affirms

BOSTON — A third-party payor assignee’s claims accusing Fresenius of failing to warn that its dialysis product GranuFlo can cause heart attacks are untimely, the 1st Circuit U.S. Court of Appeals has affirmed.

In a March 17 opinion, the appellate panel agreed with the U.S. District Court for the District of Massachusetts 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 multidistrict litigation.

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