Drug and Device Law Blog Features Shook Daubert Defense Win
Drug & Device Law Blog featured Shook in a recent blog,“Clean Sweep of Plaintiffs’ Causation Experts in Gadolinium Litigation.”
The litigation involves allegations that retained gadolinium from contrast dyes used during MRI procedures resulted in a wide range of injuries including cognitive impairment, extremity pain and tissue fibrosis. Mallinckrodt manufactured OptiMARK, one of three gadolinium-based contrast agents at issue in the litigation. At the conclusion of the first phase of discovery, plaintiffs presented four experts to support their general causation theories, including a chemist, an epidemiologist, a nephrologist and a toxicologist. In an 85-page opinion, the court agreed with defendants that plaintiffs’ experts were unreliable and that their chemistry expert was not qualified to offer general causation opinions. The cases are Davis v. McKesson Corp., No. 18-1157; Munnuru v. Guerbet LLC, No. 18-1159; and Fischer v. Bayer Healthcare Pharmaceuticals Inc., No. 18-01778.