Claims in Gadolinium-Based Contrast Agent Action Preempted, Judge Rules
February 13, 2020
NEW YORK — A New York federal judge has dismissed a gadolinium-based contrast agent action, ruling that the claims are preempted by federal law because there is no evidence of newly-acquired information which would allow the manufacturers to change their warning labels via the FDA’s Changes Being Effected regulation.
In a Feb. 12 order, Judge Victor Marrero of the U.S. District Court for the Southern District of New York further found the court lacks jurisdiction over two of the manufacturers because the plaintiff did not show how their actions in New York were related to her injuries in Florida.
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- Wheeler Trigg O'Donnell