Gauging the growing number of cases, a group of plaintiffs involved in the Linear Gadolinium-based Contrast Agents (GBCA) lawsuits filed a petition on July 31 before the U.S. Judicial Panel requesting for a multi-district litigation creation, on the grounds of easing coordinated pretrial proceedings, reducing duplicative discovery into common issues, and serving the convenience of witnesses, parties and the judicial system. The Northern District of California was requested by the plaintiffs as the preferred venue for centralization.
In response, an opposition was filed by six manufacturers, named as defendants in the litigation: Bayer, GE Healthcare, Bracco Diagnostics, Mallinckrodt Inc., Guerbet LLC and Liebel-Flarsheim Company, and McKesson Corp. A small pool of cases, diverse manufacturers and products, selection and case eligibility criteria not well defined were a few reasons stated for not agreeing with the creation of the MDL. Moreover, the defendants stated the alleged injuries fall under a broad category which would not be justified by placing under one umbrella of “gadolinium deposition disease (GDD).”
The U.S. JPML will hear the oral arguments on September 27, at the Phillip Burton U.S. Courthouse in San Francisco.
