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Davis v. McKesson Corporation
United States District Court for the District of Arizona
2019 WL 5535376 (2019)
Hilary Davis, Srihari Munnuru, and Susan Fischer (plaintiff) developed a range of symptoms after exposure to a gadolinium-based contrast agent (GBCA) used during magnetic resonance imaging. They brought three separate lawsuits against McKesson Corporation (defendant) and other GBCA manufacturers and distributors, which the court consolidated into one action. The claimants designated four experts, but none of the experts qualified to testify that GBCA could cause the range of symptoms the claimants experienced. Neither the Food and Drug Administration (FDA) nor any other regulatory or medical authority that reviewed GBCA had found enough scientific evidence to conclude that it caused disease. The manufacturers moved for summary judgment, arguing that the claimants could not establish general causation, a necessary element of their claims under Arizona law. The claimants countered that they could establish general causation using the testimony of treating physicians who performed the claimants’ differential diagnoses, meaning the doctors who eliminated other possible causes that might explain the claimants’ symptoms.
Rule of Law
Holding and Reasoning (Campbell, J.)
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