Bayer Prevails in N.Y. Federal Gadolinium-Based Contrast Agent Lawsuit

NEW YORK — Claims that Bayer failed to warn that its gadolinium-based contrast agent (GBCA) can cause fibrosis are preempted by federal law because there is no “newly acquired information” establishing a causal association between the product and a significant adverse reaction, a New York federal judge has ruled.

In a June 24 order, Judge Raymond J. Dearie of the U.S. District Court for the Eastern District of New York further found the plaintiff failed to plausibly allege that injury was reasonably foreseeable to Bayer as a result of her exposure to its GBCA.

In 2015, Denise McGrath received an …