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Baycol Recall Lawsuit
Baycol
Recall Lawsuit
Baycol Recall
Lawsuit: Baycol is a prescription drug manufactured by Bayer A.G.
Pharmaceutical. Baycol (cerivastatin) belongs to the family of drugs
reffered to as statins: statins lower cholesterol by blocking a specific
enzyme in the body that is involved in the sythesis of cholesterol.
Baycol was initially approved in the U.S. in 1997, and was recalled
on August 8, 2001 following the deaths of 31 patients taking the drug
in the U.S. - Fifty-two deaths had been reported worldwide. The deaths
had been caused by rhabdomyolysis, a muscle ailment that had been
known to be a possible side effect of all statin drugs, however, its
incidence has been much higher and more serious among Baycol patients.
Between 1997 and 2001 the drug was prescribed for more than 6 million
patients worldwide.
The following
2 articles gives an update on the status of the Baycol recall lawsuit:
First is a Financial
Times (London) article from April 14, 2003,
"Bayer Dodges
Early Blows in US Court Cases"
Plaintiffs sought early successes against Bayer in the first trials
of thousands of lawsuits over its cholesterol lowering drug by bringing
the cases in east Texas and Mississippi, jurisdictions known for hostility
towards big corporate defendants, particularly foreign ones.
But the legal strategy of the German pharmaceuticals and chemicals
group appears to be working effectively after a second victory in
two trials on April 3 in Jackson, Mississippi, prompted more plaintiffs
to enter settlement talks. More settlements instead of trials - and
the possibility of large damage awards - can significantly reduce
the potential liabilities Bayer faces from Baycol and the pressure
on the group's share price.
There are up to 10,000 claims pending against the drug, known as Lipobay
outside the US, which was pulled from the market in 2001. It has been
linked to about 100 deaths and far more cases of serious side effects,
including rare muscle wasting and kidney disorders.
Estimates had put Bayer's liability at up to $10.8 billion, but its
shares are recovering after plunging 30 per cent a month ago when
it said its insurance might not cover the group if significant verdicts
went against it. Bayer has attempted to settle all cases of the potentially
fatal muscle-wasting disease, rhabdomyolysis, among former Baycol
users, but to rigorously defend all other claims and attempts to tie
settlements to thousands of claims.
The group's first victory came in a case for a large punitive damage
award, $550 million, brought by lawyers representing an elderly man
with rhabdomyolysis. Attorneys brought the case to trial in Corpus
Christi, Texas, to teach Bayer a lesson - it had refused to settle
1,400 other claims they had required be settled together with the
one rhabdomyolysis case. The second lawsuit, brought in Mississippi,
sought only $50,000 and involved a woman whose own doctor eventually
testified that Baycol had helped, not hurt her.
But Bayer executives caution it is far too early to claim victory.
It faces a crucial federal case in June in the US District Court in
Minneapolis and other trials could have different outcomes due to
the diverse nature of patients' medical conditions and differing opinions
over rhabdomyolysis.
"This is like the Tour de France (bicycle race)," says one
senior Bayer executive. "We have won the first leg, but the Alpes
D'Huez and the Tour Mallet two large mountain climbs) are still ahead
of us."
Hundreds of thousands took Baycol, so the potential for lengthy litigation
remains, and a motion is pending in federal court to create a class-action
suit against Bayer - which would be a victory for plaintiffs. And
the company now also faces lawsuits against the chemicals side on
behalf of victims of the apartheid regime in South Africa.
Following is an
Associated Press article from March 10, 2004:
Bayer
Reaches Deal On Cholesterol Drug
03/10/04 - German
drug maker Bayer AG has reached an agreement with most of its insurers
on coverage of around $1.2 billion for litigation related to the
2001 withdrawal of a cholesterol-lowering drug.
In a statement
Tuesday night, Bayer also said it had put aside 300 million euros
($369 million) in its 2003 fiscal year to cover additional settlements
and defense costs. The insurers "had previously proceeded only
on a provisional basis," the company said.
Bayer pulled
Lipobay, marketed as Baycol in the United States, in August 2001
after it was linked to a rare muscle-wasting syndrome and about
100 patient deaths.
On Tuesday,
the Leverkusen-based company said it has now reached 2,224 cases
related to the drug, paying out $842 million without admitting liability.
Another 9,948
cases were pending in the United States as of March 5, Bayer said.
"Where
facts have been developed in the course of the litigation, it so
far appears that the vast majority of plaintiffs did not suffer
serious side-effects," its statement said.
As you can see from
the following chart, many Baycol litigations were scheduled in state
courts throughout the year.
|
Baycol
Trial Dates
2003 Trial Dates in State Courts
|
|
State Court
Texas
Mississippi
Texas
Louisiana
Oregon
Nevada
Texas
Mississippi
Oregon
Texas
Alabama
Oregon
Illinois
Oklahoma
Texas
Washington
Oregon
Louisiana
Washington
|
Scheduled
Feb. 2003
March 2003
April 2003
May 2003
May 2003
June 2003
June 2003
July 2003
July 2003
July 2003
August 2003
Sept. 2003
Sept. 2003
Sept. 2003
Sept. 2003
Sept. 2003
Nov. 2003
Nov. 2003
Dec. 2003
|
Things are happening
rapidly in 2003 regarding the Baycol recall lawsuit; therefore
If you have an interest, it is much to your advantage to contact an
attorney who advertises having experience and knowledge in Baycol
litigation. The circumstances of each person's use of the drug will
differ, and will determine the course of action particular to the
individual case. There are various lawyers devoted to these cases
and most offer services on a no-win no-fee basis. This is an important
factor to ascertain when contacting a Baycol recall lawyer.
ref:
Julie Kay, "A Sudden Rush to Settle Suits Over Baycol" Miami
Daily Business Review - 2-26-2003
