Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
4Activity
0 of .
Results for:
No results containing your search query
P. 1
GE MDL 1909 1073-main

GE MDL 1909 1073-main

Ratings: (0)|Views: 221|Likes:
Published by gasfgd
GE MDL 1909 Motion
PLAINTIFFS’ MOTION FOR EXPEDITED TRIAL SETTING
AND MOTION TO TRANSFER PLAINTIFFS’ CASES
GE MDL 1909 Motion
PLAINTIFFS’ MOTION FOR EXPEDITED TRIAL SETTING
AND MOTION TO TRANSFER PLAINTIFFS’ CASES

More info:

Published by: gasfgd on Dec 27, 2011
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

12/10/2012

pdf

text

original

 
UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF OHIOEASTERN DIVISION| Case No. 1:08 GD 50000||
MDL No. 1909IN RE: GADOLINIUM BASED
|
CONTRAST AGENTS PRODUCTS
|
LIABILITY LITIGATION
|| Judge Dan Aaron PolsterPLAINTIFFS’ MOTION FOR EXPEDITED TRIAL SETTINGAND MOTION TO TRANSFER PLAINTIFFS’ CASES
COME NOW, Plaintiffs in the twenty-two cases identified in “Exhibit A” (hereinafter“Plaintiffs”), by and through their counsel of record, and file this, their Motion for ExpeditedTrial Setting and Motion to Transfer Plaintiffs’ Cases. In support of this Motion, Plaintiffswould respectfully show the Court the following:
I.INTRODUCTION
Plaintiffs are dying. Five of the twenty-two Plaintiffs represented by Plaintiffs’ counselhave died since the inception of MDL 1909. Three died this past summer. Another has just beenplaced on hospice care. Numerous others are critically ill or are steadily losing their ability to bemeaningful participants in their own cases. Consequently, this may be the most importantmotion Plaintiffs will present in this litigation. Plaintiffs ask that (1) the twenty-one casesinvolving out-of-state Plaintiffs be transferred to federal courts of proper venue where they canproceed expeditiously to trial, and (2) that Ohio plaintiff Roberto Garcia be given an expeditedtrial setting before this Court.
Case: 1:08-gd-50000-DAP Doc #: 1073 Filed: 12/21/11 1 of 9. PageID #: 35768
 
2
II.FACTS
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”).
1
 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,
2
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. [
See
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
1
 
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.
2
 
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. §
 
1407(a).
 
Case: 1:08-gd-50000-DAP Doc #: 1073 Filed: 12/21/11 2 of 9. PageID #: 35769
 
3the trial proceeding, and possible that many Plaintiffs will not be alive for the trial of their claimsat all.The cases described below are indicative of the disease progression, and ensuinghardships, suffered by victims of NSF:
1.
 
Penny Dunn
Penny Dunn is a 48-year old married female who was placed in the ICU afterexperiencing vascular bleeding during dialysis that resulted in respiratory and cardiac arrest.Ms. Dunn’s current critical health status is the result of a steady deterioration due to NSF.In late 2006, Ms. Dunn began experiencing progressive skin tightening and hardening withcontractures with a reddish brown rash. The rash steadily progressed from her legs to her thighs,abdomen, buttocks, arms and hands. The skin tightening and contractures have caused Ms. Dunnto progress from loss of the ability to walk and stand to nearly total inability to use her arms andhands. Ms. Dunn was on renal dialysis prior to her NSF diagnosis, but tragically, did not qualifyfor a kidney transplant because her leg contractures prevent her from laying flat on an operatingtable. She will be released to hospice on December 22, 2011.
2.
 
Mary Lindley
Mary Lindley was diagnosed with NSF in January of 2010. Since then she has developedpainful skin lesions and rope-like areas under the skin on her thighs. Firm lesions have alsodeveloped on her abdomen and hands such that amputation of the third finger of her left handwas necessary. As the disease has progressed, Ms. Lindley has developed ulcerations on herright hand, crusted papules on both forearms, and subcutaneous nodules and scaly plaque on herthighs. Ms. Lindley’s deteriorating condition required her to be hospitalized during the Summer
Case: 1:08-gd-50000-DAP Doc #: 1073 Filed: 12/21/11 3 of 9. PageID #: 35770

Activity (4)

You've already reviewed this. Edit your review.
1 hundred reads
gasfgd liked this
gasfgd liked this
gasfgd liked this

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->