A lawsuit regarding the alleged negative health effects of MRI contrast dye has overcome a legal challenge put forth by the defendants, Bayer Corporation, General Electric’s healthcare division, and others. The plaintiff claims that she developed gadolinium toxicity due to exposure to the gadolinium-based contrast agent. According to Law360, defendants argued that the suit should be thrown out due to the “impossibility preemption doctrine”, but the court disagreed.

How Is MRI Contrast Dye Used?

Magnetic resonance imaging, or MRI, is used to create highly detailed images of the body’s soft tissue. These images are then used for diagnostic and prognostic purposes by your doctor.  According to Envision Radiology, MRI contrast dye is used to enhance the picture quality allowing physicians to be more accurate in their work.

The dye is used to temporarily change how the imaging mechanism can view and interact with your tissue. The dye can enhance the visibility of tumors, inflammation, blood vessels, and blood supply. After the scan, the MRI contrast dye is absorbed by the body or passed through the urinary tract. Not all MRIs use contrast dye, but a contrast MRI will likely be ordered if your doctor needs detailed images to assess a specific problem. MRI’s without contrast can’t show the movements of fluids through the body and aren’t as effective at seeing your arteries and veins.

Gadolinium Toxicity Symptoms

While contrast MRIs can be incredibly useful diagnostic tools, the chemicals in MRI contrast dye can pose a risk to patients’ health. According to a study published by Science Direct, the dangers posed by gadolinium-based contrast dyes were only brought to the attention of the medical community after a number of lawsuits were filed. While the science behind gadolinium deposition disease (GDD) is still underdeveloped, Science Direct reports that there is cause for concern.

GDD is generally diagnosed based on the presence of certain symptoms. You may be diagnosed with GDD if you experience three of the following major symptom groups within two months of your contrast MRI.

• Joint stiffness, buzzing sensations, muscle spasms, fatigue
• Headache
• Clouded mental state
• Peripheral neuropathic pain
• Skin substrate thickening, discoloration, pain

According to Science Direct, GDD is still only a proposed disease without proof of its existence beyond litigation. However, the study acknowledges the risks posed by MRI contrast dye and the need for risk management.

MRI Contrast Dye Lawsuit

In April 2019, plaintiff Kimberly Gremo filed a lawsuit against Bayer alleging that she developed GDD after undergoing an MRI using MRI contrast dye. Kimberly claims that, due to exposure to the gadolinium-based dye, she developed “skin issues including rashes,” “teeth issues including darkened teeth and spots,” “brain fog and memory loss,” and “loss of smell.” Kimberly claims that Bayer “conspired to withhold safety information” about their MRI contrast dye from the public. Kimberly alleges that this withholding constitutes a failure-to-warn under state law.

This MRI Contrast Dye suit is case no. 1:19-cv-13432-NLH-AMD, filed in the United States District Court for the District of New Jersey.

Impossibility Preemption Doctrine and MRI Lawsuit Challenges

In an effort to prove that the plaintiff’s claims were preempted by federal laws, Bayer argued using the impossibility preemption doctrine. According to the Congressional Research Service, this doctrine states that “simultaneous compliance with both federal and state regulations is impossible” in some cases. Basically, the defendants tried to argue that the state law regarding their alleged failure-to-warn would come into conflict with federal law.

“Defendants assert various arguments for why the impossibility preemption doctrine bars plaintiff’s state law failure-to-warn claims, but as the Supreme Court has reiterated, impossibility preemption is ‘a demanding defense’ rather than a pleading requirement,” reads Judge Hillman’s decision, quoted by Law360.