Happy New Year. We are doing that usual January/Janus thing of looking both backwards and forwards. We are gearing up for a massive litigation in 2025, for a couple of trials, and for the January 16 Drug and Device Law webinar on the best and worst cases of 2024. And we’re still finding some 2024
Search results for: gadolinium
Distributor Gets Out of Gadolinium Failure to Warn Claim
By Stephen McConnell on
The case of Dennis v. Bayer Healthcare Pharmaceuticals Inc., et al., 2020 WL 534307 (W.D. N.C. Feb. 3, 2020), has occupied our in bin for about a year, probably because there are aspects of it that rub us the wrong way. But not all of Dennis is a menace. If you represent a drug…
W.D. Louisiana Again Holds That Gadolinium Claims are Preempted
By Stephen McConnell on
As we round the clubhouse turn and head into the home stretch of this annus horribilis, our nominee for the word of 2020 is “doom-scrolling.“ We’ve sacrificed entire nights of sleep to our iPads, pursuing the latest news (real, fake, or hybrid) of infectious diseases of both the body and the body politic. Three…
E-Gads – A Bad Gadolinium Preemption Case
By Michelle Yeary on
We haven’t see too many of these. The reason for that is the gadolinium litigation is practically a textbook example of where federal law ought to preempt state-law product liability claims of all kinds—including both design defect claims and failure-to-warn claims. Just search gadolinium on the blog and you’ll find plenty of cases dismissed on…
Guest Post – E-Gads, Once Again Preemption Prevails In Gadolinium Contrast Litigation
By Bexis on
Here’s another guest post by Reed Smith’s Dean Balaes. This one looks into a major (but not too recent) post-Albrecht drug preemption case. Can’t have too many of those! As always, our guest posters deserve all the credit (and any blame) for their writings.
**********
There is no hiding the fact that federal…
A Gadolinium Sequel
By Michelle Yeary on
Almost two months ago we posted on the magistrate’s Report and Recommendation in Drescher v. Bracco Diagnostics Inc., 2020 WL 699878 (D. Ariz. Jan. 31, 2020). Back when our co-workers didn’t include furry, four-legged friends. When we weren’t also re-learning high school geometry. And when pajamas and slippers weren’t acceptable work attire. Many things…
Gadolinium Plaintiff Runs Into Preemption Wall in Louisiana
By Steven Boranian on
The recent spate of gadolinium cases brought by patients with normal kidney function are looking like fertile ground for federal preemption, and we are not saying that just because we like the results. Our point is that if you had to come up with an example of a case where federal law ought to preempt…
Another Gadolinium Win for Defendants
By Michelle Yeary on
We’ve brought you some great news from the gadolinium contrast agent litigation last year and the hits just keeping on coming. This time out of federal court in Arizona. And while the court is giving plaintiff another stab at re-pleading her case, we are doubtful plaintiff will be able to cure the deficiencies identified in…
District of Nevada Dismisses Gadolinium Claim, Albeit Without Prejudice, on Personal Jurisdiction and Preemption Grounds
By Rachel B. Weil on
One slushy morning this week, we found ourselves searching for our favorite black duck boots. We found one and put in on, then, after much rummaging in the dark recesses of our closet, found a second. At this point, we were on the edge of missing our train, so we put on the second shoe…
Defendants Bat .400 in Gadolinium Case
By Michelle Yeary on
The last baseball player to reach a .400 batting average for a season was Ted Williams in 1941. In a sport that probably keeps more stats than any other, baseball sees records broken and milestones reached all the time. Some marks, however, appear to be set in stone. One of these is Ted Williams’s 1941…