Gadolinium Lawsuit

The Gadolinium Multi District Litigation is being handled out of the United States District Court Northern District of Ohio.  The plaintiffs are alleging that they sustained injuries caused by the use of gadolinium based contrast agents in MRI procedures that were performed on them.  Some of the defendants in this litigation include Bayer Corporation, Bayer Healthcare LLC, Bayer Pharmaceuticals Corporation, Bayer Healthcare Pharmaceuticals Inc., Berlex Laboratories Inc., Berlex Inc. Bayer Schering Pahrma AG, and Bayer AG.

According to allegations made in the litigation, the defendants designed, manufactured, marketed, designed, distributed, sold or supplied gadolinium based contrast agents.  Gadolinium is a rare earth metal used for a variety of purposes ranging from nuclear marine propulsion systems to making phosphors for color televisions.  Gadolinium is also used in some MRI contrast dyes because it provides a greater contrast between normal and abnormal tissue.  Gadolinium is highly toxic in its free state.

These gadolinium contrast agents are normally cleared from the body in the kidneys.  Consequently, patients with renal insufficiency were at an increased risk for developing a disease known as Nephrogenic Systemic Fibrosis or Nephrogenic Fibrosing Dermopathy.  It is estimated that 90% of people who have been diagnosed with this disease have received a gadolinium based contrast agent.

How Do You Know if You have Nephrogenic Systemic Fibrosis?

Some of the Gadolinium Side Effects include skin discoloration, thickening, swelling, muscle weakness.  This usually occurs within a few weeks after receiving the injection.  As the disease progresses, individuals begin to notice difficulty extending and flexing their joints.  The skin texture becomes woody and begins to burn.  NSF can also damage the heart, lungs, liver, and other internal organs.  Unfortunately, there is no cure for this terrible disease.

In June of 2006 the FDA issued an Advisory concerning NSF and the link to gadolinium based contrast agents.

Many members of the health care community are devastated.  Many physicians, nephrologists, radiologists, and other healthcare professionals are upset because the defendants failed to alert them of the possible dangers to patients with renal insufficiency.

What are some of the things a person can sue for?

The litigation is asserting several causes of action and asking for compensation for a  number of different areas which include, but are not limited to:

Conscious pain and suffering, bodily impairment, mental anguish, emotional distress, and physical limitations.
What are some of the legal theories and causes of action being asserted?

Some of the legal theories include: negligent misrepresentation, fraud and misrepresentation, breach of implied Warranty, breach of express warranty, negligence, strict products liability – Defect due to failure to adequately test, Strict Products Liability – Defect due to non conformance with representations, Strict Products Liability – Defect due to inadequate warning, Strict Products Liability – Manufacturing Defect.

If you or a loved on has experienced complications from taking a Gadolinium based contrast agent, you may have a claim against the manufacturer.  Please contact us today for a free, no obligation consultation.  Call 1-866-777-2557 to speak with one of our Gadolinium Attorneys or use our online contact form.

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