Baycol Claims Settled >
Baycol Suit
Baycol
Suit Update
Baycol Suit:
2003 has seen a number of Baycol claims settled in the U.S. -
These settlements have been involving injuries related to a condition
called rhabdomyolysis, which the patients developed after taking the
drug. Between 1997 and 2001 the drug was prescribed for more than
6 million patients worldwide.
Baycol is a prescription
drug manufactured by Bayer A.G. Pharmaceutical. Baycol (cerivastatin)
was initially approved in the U.S. in 1997 to treat patients with
elevated cholesterol levels. Baycol 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 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 condition/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.
Rhabdomyolysis is a condition where the muscle cells are damaged,
thus releasing a pigment called myoglobin into the bloodstream. It
is filtered out of the bloodstream by the kidneys. Myoglobin may occlude
the structures of the kidney, causing damage such as acute tubular
necrosis or kidney failure. Myoglobin breaks down into potentially
toxic compounds, which will also cause kidney failure. Symptoms of
rhabdomyolysis include muscle pain, weakness, tenderness, malaise,
fever, dark urine, nausea, seizures, and vomiting. The pain may involve
specific groups of muscles or may be generalized throughout the body.
In 2003, Bayer
has settled many Baycol cases. The first case to go to trial resulted
in a verdict for the defense. Here is the Reuters article:
Jury rejects
$560 million Baycol suit against Bayer
Last Updated:
2003-03-18 17:00:31 -0400 (Reuters Health)
CORPUS CHRISTI,
Texas (Reuters) - A jury decided on Tuesday that German drug giant
Bayer AG was not liable for injuries an elderly man claimed were
caused by its recalled cholesterol medication Baycol.
The jury rejected
claims that Bayer should pay $560 million in damages to 82-year-old
Hollis Haltom, a decision that sent Bayer's stock up nearly 40 percent.
Haltom had claimed he developed a potentially fatal muscle disorder
after taking Baycol.
The verdict--in
the first of about 8,400 cases over Baycol--had been anxiously awaited.
Bayer warned last week that overall Baycol damage claims, which
analysts say could reach $10 billion, may exceed its insurance coverage
if plaintiffs "substantially prevail" in the lawsuits
it faces.
Bayer's lead
attorney, Philip Beck, said Haltom's case was driven by the greed
of the trial lawyers representing him.
"Every
case is different. We're encouraged by the very first jury to pass
judgment on our conduct," Beck said.
Baycol, known
as Lipobay outside the United States, was withdrawn from the market
in 2001 after more than 100 deaths were linked to the drug.
"The verdict
has got to be a big boost for Bayer but, obviously, it's just one
case out of the way," said Barbara Ryan, a pharmaceuticals
analyst for Deutsche Bank Securities.
Ryan said many
other plaintiffs will be asking "what Bayer knew and when they
knew it," in terms of potential safety concerns about Baycol.
Bayer said it
would continue to offer compensation in cases related to Baycol
but would vigorously defend cases where no link between the drug
and a patient's injuries was proven.
The 12-member
jury was in its third day of deliberations in the month-long trial
when it reached its verdict.
The jurors sided
with the company's attorneys in finding Baycol's design and marketing
instructions were not defective and the medication was not the cause
of Haltom's injury.
Bayer contended
Haltom's continuing medical problems were due to other maladies
afflicting the elderly Corpus Christi man. The company contends
that Baycol, when used as directed, can be beneficial.
Haltom received
Baycol in samples from his doctor at double the dosage Bayer directed
for initial use of the drug.
He was represented
by a team of lawyers led by Mikal Watts, who said in closing arguments
Bayer had put a potential $1 billion in profits expected from Baycol
sales ahead of protecting the safety of those who were prescribed
the drug.
Haltom claimed
taking Baycol caused him to develop rhabdomyolysis, a potentially
fatal muscle disorder that also injures the kidneys, which are forced
to filter muscle cells being shed by the body due to the drug.
"The plaintiffs
and their attorneys are reviewing their options and vow to continue
the fight for Hollis Haltom and the other victims of Baycol,"
the plaintiff's attorneys said a statement issued. "This matter
is far from over."
Bayer so far
has settled with more than 500 individuals for about $150 million
and is in talks to settle hundreds more.
Michael Schwartz,
an attorney for Wolf Popper LLP, which has filed a class action
suit on behalf of Bayer U.S. shareholders who believe they were
misled by the company, said the verdict would not affect their case.
"It's just
one personal injury case," he said. "It's hard to say
why a jury finds what a jury finds. He might have been an unsympathetic
plaintiff."
Copyright 2003 Reuters Limited. All rights reserved. Republication
or redistribution of Reuters content is expressly prohibited without
the prior written consent of Reuters. Reuters shall not be liable
for any errors or delays in the content, or for any actions taken
in reliance thereon.
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 of the end of
February 2003, the pharmaceutical companies had settled 450 Baycol cases
for amounts ranging from $200,000 to $1 million. Plaintiffs lawyers
have praised Bayer for acknowledging the problems quickly and settling
lawsuits rapidly. 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
|
If you have an
interest in the Baycol suit, it is much to your advantage to
contact an attorney who works on a no-win, no-fee basis, also one
who advertises having experience and knowledge in Baycol litigations.
ref:
Julie Kay, "A Sudden Rush to Settle Suits Over Baycol" Miami
Daily Business Review - 2-26-2003
