Dialysis machine maker sued by dead customer's estate

By Dan Harkins | Jul 4, 2015

CHICAGO -- A man's estate is suing over an allegedly faulty dialysis machine that proved fatal.

A man's estate is suing over an allegedly faulty dialysis machine that proved fatal.

Khawla Abusharkh, as administrator of the estate of Abdallah Abusharkh, filed a complaint on June 19 in Cook County Circuit Court against Baxter International Inc.

In March 2013, the deceased was provided at home with a MiniCap povidone-iodine solution dialysis machine for home peritoneal dialysis treatment made by the defendant, according to the lawsuit.

The defendant is cited for negligence for making a product with a defect, distributing the product to a consumer who wouldn't know how to inspect the machine for defects, failing to test and inspect the machine before distribution, failing to recognize the risk of using chemicals and cleaning products during the manufacturing process that would cause the machine to become unsafely sealed, making a machine that would fail, making a machine that wouldn't perform as marketed, providing inadequate instructions, failing to retrieve and warn about the machine supplied to the decedent, failing to alert physicians and other consumers about the potential dangers associated with the use of its product, and failing to use a reasonable decree of caution.

As a result, the lawsuit states, the deceased sustained great injury, pain and suffering, medical expenses, loss of a normal life, disabilities and disfigurement that ultimately led to his death.

The plaintiff, citing negligence, products liability and wrongful death, seeks damages in excess of the court's jurisdictional limit. The plaintiff is represented by Kenneth J. Allen and Otto J. Shragal of the Kennelth J. Allen Law Group LLC in Valparaiso, Ind.

Cook County Circuit Court case number 2015L006313.

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