A group of dialysis patients who allege their treatment at Fresenius Medical Care North America clinics put them at a higher risk of heart problems said the company had a heightened duty to them because of a January 2000 corporate integrity agreement entered into to resolve claims of health care fraud at a Fresenius subsidiary.
“When Fresenius entered the corporate integrity agreement in 2000, it voluntarily assumed a specific, indeed heightened, duty of care … to implement internal reporting standards and processes related to issues that could adversely affect patient safety and health,” the plaintiffs said. Evidence regarding Fresenius’ compliance with the corporate integrity agreement could provide support for the plaintiffs’ claims for punitive damages, the plaintiffs said in court papers.
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