Judge Polster Sets A Schedule for Gadolinium Based Contrast Agent Trials

On July 8, 2008, the Court held its monthly Gadolinium Based Contrast Agents (GBCA) status conference with the gadolinium lawyers who represent Nephrogenic Systemic Fibrosis victims. Most significantly, Judge Polster shared his views on the scheduling of the test cases to go to trial.

Judge Polster set a deadline of August 29, 2008 for the domestic General Electric (Omniscan MRI Contrast) and Bayer (Magnevist MRI Contrast) entities to produce their documents to plaintiffs. The foreign General Electric and Bayer entities must produce their documents by October 15, 2008. Mallinckrodt (Optimark MRI Contrast) must produce its documents by September 30, 2008. Judge Polster believes that these deadlines will enable the gadolinium lawsuits to move quickly.

Judge Polster would like the defendants and plaintiffs to each propose 10 test cases by Friday, November 14, 2008. The Judge will allow five months for fact discovery and general expert discovery in the cases selected. By April 13, 2009, the plaintiffs and defendants are to each pick five of the other side’s cases, meet and confer, and agree on the first four cases to be tried. If the plaintiffs are living in the cases that are selected, the Court would like the ones who have experienced the greatest progression of nephrogenic systemic fibrosis to be tried first. The gadolinium trials will be scheduled after the selection process is completed in April, 2009.

The Court stressed its main objective is to keep the cases moving forward. Lastly, the Court advised that it is always available to assist in mediations of gadolinium settlements when and if the parties are ready.