Recent Blog Posts in June 2010

Another favorable ruling was issued in the federal multi-district litigation (MDL), where the claims of some people suffering from nephrogenic systemic fibrosis (NSF) are being adjudicated.  On Friday, June 18, 2010, Judge Aaron Polster declined to change his earlier ruling on the admission of expert testimony, with one small exception.  We reported the earlier ruling in a previous blog entry.

Defendant GE Healthcare filed a motion asking the Court to reconsider its ruling on expert testimony issued on May 4, 2010.  GE Healthcare is the manufacturer of Omniscan, one of the most popular and dangerous brands of gadolinium-based contrast agents.  As Judge Polster explained in his order, GE Healthcare's motion for reconsideration challenged "every ruling by this Court that resulted in the partial or wholesale exclusion of the testimony or opinions of [GE Healthcare]'s expert witnesses."

Judge Polster declined to change his earlier ruling, with one narrow exception.  The previous order excluded in its entirety the testimony of Dr. Waymack, GE Healthcare's lone regulatory expert.  However, the plaintiffs had only sought to exclude a portion of his testimony.  The Court therefore modified its order to permit Dr. Waymack to testify on matters other than those that the plaintiffs asked to exclude.

Significantly, the Court observed that "the association between gadolinium-based contrast agents, severe renal impairment and NSF is virtually inescapable."  NSF, also known as Nephrogenic Fibrosing Dermopathy (NFD), is an incurable disease characterized by hardening of the skin and other body tissues.  Gadolinium-based contrast agents are used in various medical procedures, including MRI, MRA, and CT scans (CAT scans).  As the Court's order observed, diabetics and others with severe kidney impairment are most at risk of developing NSF.

The Cleveland Plain Dealer has reported that C.B. Fleet Co. is "close to reaching a final settlement" with people across the country who say their kidneys were harmed by Fleet's over-the-counter laxatives.  See Diana Suchetka, "Settlement Coming in Suit Concerning Oral Laxatives," The Plain Dealer, May 19, 2010.  C.B. Fleet Co. was the manufacturer of Fleet Phospho-Soda and Fleet Phospho soda EZ Prep Bowel Cleansing system.

The article attributed the following statements to C.B. Fleet:  "While we are encouraged by the progress made to date on the global settlement, there are several matters remaining to be resolved."  "Fleet hopes that a conclusion can be reached soon that serves as a positive outcome for all concerned."

Fleet Phospho-Soda and Fleet Phospho soda EZ Prep Bowel Cleansing System were over-the-counter products used for bowel cleansing to prepare for a colonoscopy.  These products were recalled from the market after the FDA issued a safety alert on December 11, 2008, warning that they can cause kidney failure (renal failure).  Side effects include dialysis and the need for a kidney transplant.