Gadolinium Plaintiff Can Sue Manufacturers, Health Care Facility

CLEVELAND - A non-diverse health care provider was not fraudulently joined to a complaint for injuries allegedly cause by a gadolinium contrast dye because the plaintiff asserted negligence claims against the provider that were nearly identical to those brought against the product's manufacturer, a judge has ruled. Rodriguez v. Tyco Healthcare Group, et al., No. 08-199 (N.D. Ohio).

Judge Dan Aaron Polster of the U.S. District Court for the Northern District of Ohio reached the decision Oct. 21 after ruling that the case had otherwise been improperly removed for failure to receive consent from the health care defendants.

The case …