9th Cir. Upholds Remand of Bayer Gadolinium-Based Contrast Agent Drug Lawsuits

SAN FRANCISCO — A federal appellate panel has upheld remand of two gadolinium-based contrast agent (GBCA) drug cases to state court, ruling that Bayer failed to show that the non-diverse drug distributors were fraudulently joined.

In a Dec. 29 opinion, the 9th Circuit U.S. Court of Appeals panel majority found additional analysis is required to determine whether the plaintiffs’ failure-to-warn claims against McKesson Corp. are subject to impossibility preemption.

The majority explained that “the need for that additional layer of analysis exceeds what is permissible in this procedural posture.”

Curtis Ulleseit, Lisa Wehlmann and Beth Winkler sued Bayer Healthcare …