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Bayer Wins Daubert Ruling Excluding Plaintiffs’ Expert Witnesses in the Gadolinium Retention Contrast Dye Litigation

August 2019

On August 2, 2019, Judge David Campbell in the U.S. District Court for the District of Arizona granted Bayer’s omnibus Daubert motion to exclude all of the plaintiffs’ experts from offering medical causation opinion testimony in Fischer v. Bayer Healthcare Pharmaceuticals, Inc. and two other consolidated cases. The plaintiffs alleged that they developed a variety of injuries from retained gadolinium following administration of Bayer’s gadolinium-based contrast agent Magnevist® and other contrast agents during MRI procedures. In reaching its decision, the Court reasoned that the plaintiffs’ causation experts “do not present reliable scientific principles and methods, or apply accepted principles and methods reliably, to show that their theories have been validated.”

This was a significant victory for Goldman Ismail clients Bayer HealthCare Pharmaceuticals Inc., Bayer Corporation, and Bayer HealthCare LLC. Jennifer Greenblatt is lead nationwide counsel for Bayer across the gadolinium retention contrast dye litigation. Other team members include Andrew Goldman, Ken Baum, Allyson Julien, Michael Casner, and Edward Dumoulin.