Gadolinium Settlement Amounts: A Windfall for Some

Defendants, especially large corporations involved in a lawsuit surrounding their products, often opt to settle with plaintiffs out of court to avoid what is involved in the legal process – a divulgence not only of settlements but also of other important and sensitive information, such as trade secrets, manufacturing and testing processes, and other documents the public is not usually privy to. This is the case with the major manufacturers of gadolinium-based contrasting agents, chemicals used in MRI scans to help doctors better see parts of the body.
These chemicals have been found to cause nephrogenic systemic fibrosis, a debilitating disease that is permanent and sometimes fatal. There is no cure. Although in a settlement the defendant does not have to disclose the amount of money that is given to a plaintiff, experts are estimating that gadolinium settlements could be between $50,000 and $200,000 – however, some are probably much higher. Millions of dollars have already changed hands in gadolinium-related cases.
It isn’t clear how many gadolinium lawsuits are still standing in courts across the country and how many have been dealt with out of court with a settlement for the plaintiff. However, in many cases, many plaintiffs decide to agree to a settlement – and many do not. In similar cases, many defendants have chosen to see their case through court, as there is a chance of a higher payoff from a jury trial against the corporation responsible for the damaging product. However, this is always a gamble – if the jury decides against him or her, they may receive no payoff whatsoever.
Because the first three trials were settled out of court, lawyers no longer have a way to gauge the kind of gadolinium settlement possible in these cases. This may mean that even more trials will be settled this way, and those with outstanding lawsuits may soon reach settlements.

Gadolinium Contrasting Agents can be Dangerous

Magnetic resonance imaging, or MRI, scans are used worldwide in hospitals to help with the diagnosis and treatment of patients. Often when a patient needs to undergo an MRI scan, he or she must ingest or be administered a dye, called a contrasting agent, which will allow the doctor a clearer view of his or her insides on the scan – as well as increase the chances that a doctor will spot a problem area or discrepancy and be able to treat it quickly and successfully. However, many contrasting agents – the brands Magnevist, ProHance, OptiMARK, MultiHance, and Omniscan – contain gadolinium, which comes with a risk of side effects.
The Food and Drug Administration offered a gadolinium-related warning to healthcare providers in June of 2006 after the Danish Health Authority provided evidence of 25 gadolinium-related cases of nephrogenic systemic fibrosis, or NSF – a condition that causes hardening of the skin, organs, and other tissues in the body. This condition is permanent, debilitating, and there is no known cure. Patients who are experiencing renal failure or have other kidney problems are especially at risk for developing gadolinium-related NSF, leading the Food and Drug Administration to issue a warning to doctors, urging them to know the warning signs and to determine whether or not it is safe to use a gadolinium product on a patient based on his or her current health.
The Food and Drug Administration also required that manufacturers of gadolinium-based contrasting agents, or GBCAs, include a warning label on both the packaging and inner label of their products, warning users of the risks associated with NSF, especially in the cases of patients with kidney problems and renal failure. These warnings go into more detail about potential Gadolinium side effects and are specific about the risks associated with the product, allowing doctors to make careful decisions about who they treat with gadolinium-based products and who they do not allow to be treated with these products.