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.

On October 1, 2009, the United States Judicial Panel on Multidistrict Litigation issued an order consolidating lawsuits involving YAZ, Yasmin and Ocella birth control pills.  The YAZ multidistrict litigation, or “MDL,” is assigned to the Honorable David R. Herndon, Chief Judge of the Southern District of Illinois.

All personal injury cases filed by women hurt by YAZ, Yasmin and Ocella in federal courts throughout the country will now be transferred to the Southern District of Illinois for coordinated or consolidated pretrial proceedings before Chief Judge Herndon.  This includes lawsuits brought by women who have suffered heart attacks, strokes, pulmonary embolism (PE), deep vein thrombosis (DVT), gallbladder disease, and death.  The YAZ MDL will also include a putative class action based on the advertising and marketing of YAZ.

An MDL is a special legal procedure used in United States Federal Courts.  It is designed to speed up the process of handling complex cases, including pharmaceutical litigation arising from dangerous drugs.  Cases included in an MDL are sent to a single federal court for pre-trial proceedings, but then sent back for trial to the courts in which they were filed.  For the many women injured by YAZ, Yasmin and Ocella side effects, this is a positive development, because it allows them and their attorneys to pool their resources against corporate giant Bayer, which manufactures YAZ and Yasmin.