Today we bring you a terrific Daubert defense win. But,
we'll be honest it's long. Really long. Thorough, but long.
So, we're going to hit the highlights.
The case is Davis v. McKesson Corp., 2019 WL 3532179
(D. Ariz. Aug. 2, 2019). It is a multi-plaintiff case against
manufacturers and distributors of gadolinium-based contrast agents
("GBCA") – used in MRIs. GBCAs were the subject of
an MDL several years involving allegations that when administered
to patients with advanced kidney disease they caused a disease
known as nephrogenic systemic fibrosis ("NSF").
Id. at *2. Plaintiffs in the current action allege that
they have been exposed to GBCAs but that they do not have impaired
kidneys and they have not been diagnosed with NSF. Rather, they
contend that after receiving GBCAs they developed "a range of
symptoms [that] has not been recognized as a disease by regulatory
authorities or medical associations, but the collection of symptoms
has been referred to in some
