9th Cir. Upholds Dismissal of Magnevist Injury Action Against Bayer

SAN FRANCISCO — A 9th Circuit U.S. Court of Appeals panel has upheld dismissal of a lawsuit accusing Bayer and distributor McKesson Corp. of failing to warn that the gadolinium-based contrast agent Magnevist could cause kidney failure in certain patients, ruling that the claims are time-barred.

In an Oct. 29 memorandum, the panel explained that the plaintiff was aware of the alleged cause of his injuries by 2013, yet waited until 2019 to file suit.

Michael Deuschel alleged as a result of being injected with Magnevist for a June 2009 imaging procedure, he developed renal failure, skin disorders, and nephrogenic …