Federal JPML Denies GDD Lawsuits Centralization Motion

Introduction

In an order issued on October 10, 2018, the U.S. Judicial Panel on Multidistrict Litigation (JPML), rejected a centralization motion filed by the plaintiffs involved in the lawsuits filed against the manufacturers of gadolinium-based MRI contrast dyes.

The allegations stated in the lawsuits indicate some common factual issues associated with the production of the dye, the regulatory approval, labeling and marketing of GBCAs and the dye's alleged potential to cause gadolinium retention in patients with normal kidney function. The jury remained unsure whether the centralization move would help in improving the judicial efficiency and prove to be convenient to the parties involved in the litigation. The panel stated, "we find movants have failed to demonstrate that any common questions of fact and law are sufficiently complex or numerous to justify centralization. In particular, the injuries alleged in each case appear to be highly plaintiff-specific, and the actions involve GBCAs manufactured by one or more of four different defendant groups, involving different formulations.” However, the plaintiffs are allowed to file a new bid for centralization provided they overcome the Panel's objections. The centralization was filed in June, which was disapproved by all six defendants – Bayer, GE Healthcare, Bracco Diagnostics, Mallinckrodt Inc., Guerbet LLC, and Liebel-Flarsheim Company, and McKesson Corp.

All pending Gadolinium Deposition Disease (GDD) lawsuits would move forward in the U.S. District Court, where they were initially filed. Reports suggest additional claims would be filed in the coming months against gadolinium manufacturers.

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