Following the conclusion of a wrongful death lawsuit brought in Denver, the families of three dialysis patients who died after treatment by DaVita employees have been awarded a total of $253 million in compensation. The lawsuit related to the use of Granuflo, a product that was recalled by the FDA in 2011 due to its known potential for causing toxic pH imbalances and alkalosis. The lawyers acting on behalf of the families alleged that the corporation was aware of this risk prior to treating the three victims in question and, as such, were guilty of causing wrongful death.
Two of the patients were treated in California – Irma Menchaca died at DaVita University Dialysis Center in Sacramento in 2008, and Gary Saldana died following treatment at DaVita Almond Wood Dialysis in Madera in 2010 – with the third, unnamed, victim having received treatment at a Chicago DaVita clinic. The details of their lawsuits, combined with complaints about poor conditions at DeVita clinics, meant the court awarded around $2 million compensation plus $125 million punitive damages to the two California families, and $5 compensation plus $125 million in punitive damages to the family of the Chicago patient.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit can be brought by surviving close family members of one who has died due to the negligence or deliberate wrongdoing of another person or entity. When you approach a Riverside wrongful death attorney from the Law Offices of Howard Craig Kornberg to handle your suit, your lawyer will closely investigate all aspects of your case, working tirelessly to prove negligence and recover the compensation and any punitive damages you are entitled to. To successfully win a case, your Riverside wrongful death attorney must prove that:
- The death was caused by the alleged person or party
- The death occurred as a direct result of this party’s negligence or wrongdoing
- The death resulted in monetary damages
- The surviving family members were affected by the loss of their deceased loved one
Only certain family members are eligible to sue for wrongful death compensation in California, with any or all of the eligible parties entitled to join any lawsuit at any point in the proceedings. Only one lawsuit may be filed per wrongful death. The relatives who may receive wrongful death compensation include:
- The surviving spouse of the deceased
- Children of the deceased
- Parents of the deceased
- Stepchildren of the deceased
- Anyone who could be expected to have inherited from the deceased
- Where financial dependence can be proven, the putative spouse or stepchildren of the deceased may also join the suit
How a Riverside Wrongful Death Attorney Can Help You
When you hire a wrongful death attorney to handle your case, we will seek a variety of economic and non-economic damages on your behalf, such as:
- Medical expenses
- Funeral and burial costs
- Lost earnings and other income
- Loss of companionship, consortium, and guidance from the deceased