Estate of Brian Nelson v. James D. Nall Company, Inc., d/b/a Aqua-Air Manufacturing,, Mobile County Circuit Court Case Number: CV 2012-900095

Type of Case: Wrongful Death-Products Liability & Workers’ Compensation: Facts: On October 17, 2011, Brian Nelson was electrocuted to death while servicing an air-conditioning unit. Mr. Nelson was a maintenance engineer for a local hotel and the air-conditioning unit had been recently purchased and installed in one of the hotel rooms. This was part of an ongoing project to replace all of the air-conditioning units at the hotel. When a hotel guest called to complain about the air-conditioning in her room not working properly, Brian responded to the call. He had opened the access area to the unit and was attempting to hit the re-set button for the unit when he became engaged in the electrified unit. He left behind a wife and three children. The family retained Mark Wolfe and Karlos Finley of Boteler, Finley & Wolfe to investigate and prosecute their claims for Brian’s wrongful death. Mark and Karlos immediately sent out extensive preservation of evidence letters to the hotel and the numerous companies involved in the air-conditioning replacement project. They also retained the expert services of John Worsham, P.E., of Engineering Design & Testing to help determine the reason for this terrible tragedy. Through the litigation process they were able to secure the unit in issue for extensive testing by Mr. Worsham. His testing and assistance revealed various deficiencies in the design, assembly and installation of the unit that combined to allow the electrified unit to be put into operation in the hotel room. Through their legal work, Mark and Karlos were able to show how and why each one of these deficiencies or defects occurred or was not caught through the installation safety testing protocol. A settlement was reached in this matter and at the family’s request, the settlement amount is subject to a mutual non-disclosure agreement.

GranuFlo & NaturaLyte: Dialysis Drugs Linked to Heart Attacks and Other Cardiopulmonary Complications

On June 25, 2012 the Food & Drug Administration issued a recall for two drugs commonly used in the dialysis treatment process. The drugs GranuFlo and NaturaLyte are used in the treatment of acute and chronic renal failure during hemodialysis. These drugs were manufactured and distributed by Fresenius Medical Care North America which also used the drugs in numerous dialysis clinics they own across the United States.
Serious and sometimes fatal heart attacks and other serious cardiopulmonary complications have been associated with the use of these drugs in dialysis patients. Most adverse reactions or heart attacks occurred either during the dialysis process or within 48 hours of receiving the now recalled drugs during the dialysis process. The recall for these drugs was listed as a Class 1 recall. These are the most serious type of recall reports issued by the FDA and involve situations in which there is a “reasonable probability that the use of the product in issue will cause serious adverse health consequences or death.”
In 2010 Fresenius documented 941 incidents of cardiac arrest among GranuFlo patients at their dialysis facilities. An internal memorandum from Fresenius to its own dialysis clinics indicates the company knew that the drugs increased the risk of cardiopulmonary arrest and sudden death but the company did not “disclose” this information until 2012 after the internal memo was leaked to government sources.
There are currently a number of claims for victims and their families pending in State courts across the country but as of this posting no Federal District Court has been assigned to the Multi-District Litigation (MDL) of this matter.
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If you or a loved one has suffered a heart attack or cardiopulmonary related complications such as low blood pressure, hypokalemia, hypoxemia, hypercapnia or cardiac arrythmia during dialysis or shortly thereafter, you may be entitled to compensation for your injuries. We can help. For more information, please contact Mark Wolfe of Boteler, Finley & Wolfe at 866 975-7766 or by e-mail at

[please put GranuFlo claim in the subject line.] Required Disclaimers:

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