Baker Sterchi Continues Successful Outcomes Through Dismissal of GBCA Litigation Appeal
Baker Sterchi Cowden & Rice recently obtained a complete dismissal of a consolidated appeal arising from linear gadolinium based contrast agent (GBCA) litigation, where its client, Bracco Diagnostics Inc. (“BDI”), had been named as a party. This litigation focused on alleged claims of injuries, specifically “Gadolinium Deposition Disease,” allegedly arising from the administration of linear gadolinium based contrast agents during MRIs. Plaintiffs in these cases brought failure to warn and design defect claims against BDI and other defendants.
Plaintiffs’ appealed an August 2, 2019 decision in the District of Arizona, which ruled that their four expert witnesses on general causation would not be allowed to testify based on their failure to meet the requirements of Federal Rule 702 and the Daubert decision. The court found that the methodology used by each of the experts was flawed and/or to the extent the methodology was proper, the conclusions drawn by the purported experts were not supported by the scientific evidence. The court concluded that the plaintiffs’ expert witnesses were unable to show that “Gadolinium Deposition Disease” (GDD) was sufficiently accepted in the medical community as an actual disease with known assessment criteria and that the medical literature did not support a nexus between retained gadolinium and harm to humans.
On April 30, 2020, the US Court of Appeals granted a stipulated motion for voluntary dismissal and dismissed the consolidated cases with prejudice, which precludes those plaintiffs from filing the same lawsuits against the defendants, including BDI, in the future.
Baker Sterchi attorneys Tom Sterchi and Paul Penticuff serve as national counsel for BDI in this and other GDD cases filed nationwide.
Services: Pharmaceutical & Medical Device, Product Liability
Attorneys: Thomas N. Sterchi and Paul S. Penticuff