Goldman Ismail Defeats Plaintiffs’ Attempt to Form MDL in Gadolinium Retention Contrast Dye Litigation

On October 10, 2018, the United States Judicial Panel on Multidistrict Litigation in In re: Linear Gadolinium-Based Contrast Agents Products Liability Litigation (MDL No. 2868) denied the plaintiffs’ bid to create an MDL for cases in which plaintiffs claim they developed a variety of injuries from retaining gadolinium following use of Bayer’s gadolinium-based contrast agent Magnevist® and other contrast agents during MRI procedures. On behalf of Bayer, Goldman Ismail opposed formation of an MDL in briefing and oral argument. The Panel agreed, reasoning in its order that “centralization would not serve the convenience of the parties and witnesses or further the just and efficient conduct of this litigation.” The Panel’s ruling was a significant victory for Goldman Ismail clients Bayer HealthCare Pharmaceuticals Inc., Bayer HealthCare LLC, and Bayer Corp. Jennifer Greenblatt is lead national counsel for Bayer across the gadolinium retention contrast dye litigation. Other team members include Kenneth Baum, Andrew Goldman, Allyson Julien, Michael Casner, and Edward Dumoulin. Press coverage of the Panel’s ruling is available here and here.