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.
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