MDL 1909 was created to deal specifically with cases brought by and on behalf of persons who developed Nephrogenic Systemic Fibrosis (hereinafter “NSF”) as a result of beingadministered one or more gadolinium-based contrast agents (hereinafter “GBCAs”).
NSF is a debilitating, untreatable and incurable disease that ravages the bodies of itsvictims leaving them immobile, in constant pain, and oftentimes unable to care for themselves.It, or the underlying conditions that occasioned Plaintiffs’ GBCA exposure in the first place, alsofrequently lead to premature death.During the nearly four-years that MDL 1909 has been ongoing,
five of the twenty-twoNSF-diagnosed clients represented by Plaintiffs’ counsel have died. Three have died during theperiod between when the Plaintiffs Steering Committee last requested trial dates for cases andthe present. [
Death Certificates (attached hereto as “Exhibit B”)]. The remaining Plaintiffshave experienced a steady, and sometimes rapid, deterioration in their mobility and in theirphysical ability to manage routine tasks. Meanwhile, their pain levels and health complicationshave significantly increased. If the claims of these Plaintiffs are not allowed to progressexpeditiously toward trial, it is likely that Plaintiffs will be unable to meaningfully participate in
Five GBCAs approved by the FDA for use in the United States were used during the relevant time period.These products include Magnevist, manufactured by the Bayer family of companies, which was approved by theFDA in 1988; ProHance, manufactured by Bracco Diagnistics, which was approved in 1992; Omniscan,manufactured by the GE family of companies, which was approved in 1993; OptiMARK, manufactured byMallinckrodt-Tyco Healthcare, which was approved in 1999; and MultiHance, also manufactured by BraccoDiagnostics, which was approved in 2004.
On February 27, 2008, the Judicial Panel on Multidistrict Litigation entered an Order transferring allfederal cases involving GBCAs to the United States District Court for the Northern District of Ohio, EasternDivision (the “MDL Court”) for coordinated discovery and consolidated pre-trial proceedings. 28 U.S.C. §
Case: 1:08-gd-50000-DAP Doc #: 1073 Filed: 12/21/11 2 of 9. PageID #: 35769