On August 2, 2019, Senior Judge Campbell ruled in an 85 page decision that the four expert witnesses put forth by plaintiffs’ attorneys to testify regarding general causation would not be allowed to do so 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.
Baker Sterchi Cowden & Rice attorneys Tom Sterchi and Paul Penticuff serve as national counsel for Bracco Diagnostics Inc. (BDI) in this and other GDD cases filed nationwide. In the instant case, Penticuff took the depositions of two of plaintiffs’ proposed expert witnesses, Dr. Jodi Tversky and Dr. Margaret Whittaker. He also argued a portion of the oral argument on the motion to exclude. The entire process was a joint effort between BDI and other gadolinium based contrast agent manufacturer co-defendants, each of whom played a major role in the briefing and argument of the general causation issues.
“This was a team effort by counsel for all defendants and the entire litigation team at Baker Sterchi. We are very pleased with the result,” said Penticuff.
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