Bayer HealthCare Pharmaceuticals suit deemed probationary01/27/2010
San Francisco pharmaceutical injury attorney Mary Alexander reports medical imaging case may open doors to further litigation. A man who acquired a deadly and incurable disease after undergoing a kidney transplant has sued Bayer HealthCare Pharmaceuticals after researchers and the U.S. Food and Drug Administration (FDA) reportedly linked a medical dye used in MRI testing to his ailment. The Gerber vs. Bayer Corp. case is allegedly regarded as a probationary trial since over 500 other plaintiffs diagnosed with the disease, nephrogenic systemic fibrosis, or NSF, have filed similar suits against pharmaceutical companies that manufactured the medical imaging drug, according to information provided by the Daily Journal. Lawsuits have reportedly been filed against major pharmaceutical companies including GE Healthcare, Covidien, and Mallinckrodt. The plaintiff, 74-year-old Peter Gerber underwent a kidney transplant but was consequently diagnosed with NSF, a disorder that allegedly causes "painful thickening of the skin" that can lead to fractured bones and well as ruptured internal organs, leaving him unable to even walk. According to the International Center for Nephrogenic Systemic Fibrosis Research (ICNSFR), the disorder has only been diagnosed in patients with kidney disease. Gadolinium, a metal in the medical dye is allegedly undisruptive to healthy patients but can be highly lethal in patients with weakened kidneys. A State Court judge was allegedly contemplating whether or not to reveal Bayer's confidential internal documents, which would subsequently disclose when the company first discovered the presence of such health risks associated with the medical dye. These documents would also demonstrate how long such discoveries might have been withheld from the medical community and the FDA. However, a professor of heath law at the California Western School of Law allegedly stated that if documents revealed that the pharmaceutical manufacturer was truly unaware of such risks the company wouldn't "have a duty to warn about that which they couldn't reasonably know". It was also noted that although studies have proven that there is indeed a link between the gadolinium and NSF, it has not been technically proven to be a "causal link". If this case is successful, it may be the preliminary means to settling hundreds of other cases in which people were diagnosed with the incurable disorder or suffered other injuries after failing to be warned of the medical dye's dangerous side effects. Mary Alexander, a leading San Francisco pharmaceutical injury attorney, states if you or someone you love has been injured or killed because of an uninformed exposure to gadolinium you may be entitled to compensation for your injuries and damages. Contacting a seasoned defective drug lawyer who is experienced in litigating these complex claims may help you recover damages you deserve.
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