During the course of the litigation, torres moved to california, where she died on or about april 3. Generally, the claims asserted against the seller defendants are based on allegations that these defendants falsely and deceptively misrepresented material facts concerning baycol s risks, and that baycol is defective, unsafe and unreasonably dangerous, and failed to warn of baycol s risks. For the courts prior decision in the matter, see in re baycol products litigation, 732 f. In december 2001, the federal judicial panel on multidistrict litigation established a baycol multi. Bayer chairman quits as roundup settlement talks progress. Also, that marketing, sale and promotion of bayer pharmaceutical and biological products must comply with the law and not include false or misleading claims. Court reinstates whistleblower lawsuit alleging fraud involving bayers cholesterol drug baycol. Baycol was bayer s anticholesterol statin drug, voluntarily withdrawn from the marketplace in august of 2001 after allegations of adverse health consequences including rhabdomyolisis. Mar 19, 2003 the lawsuit was the first to go to trial of more than 8,400 cases involving baycol that have been filed against bayer. Would increased transparency improve the civil justice.
Initially available only in low doses, sales of the aggressively priced baycollipobay picked up when the product was marketed at higher doses, especially in the large us market. Baycol was marketed by pharmaceutical giant, bayer a. Washington, dc 20005 202 7368000 counsel for respondent. Ppa litigation represented bayer in litigation brought by plaintiffs alleging that they suffered strokes after. Texas second region harris county, texas baycol litigation 295th judicial district manufacturingmarketing and hmo defendants master request for production to plaintiff pursuant to texas rule of civil procedure 196, the manufacturingmarketing and. Mirena lawsuits accuse bayer pharmaceuticals of hiding side effects and making a defective intrauterine uterine device iud. Psc, bayer, and gsk lawyers have met, conferred, and submitted proposed recommendations appearing as an exhibit to pto 102. District court for the southern district of new york. Download pdf file of in re baycol products litigation. The same result occurred in the second trial, concerning a woman who said that baycol side effectsfollowing two years of treatmentcaused severe muscle soreness. Several cases are also pending in various state courts. Defeated class certification in several state courts. Lessons from bayers cerivastatin litigation strategy settlement agreements that require a plaintiff not. Bayer cleared of liability in a lawsuit over a drug the.
Fuchsine and aniline became the companys most important products. She also alleged that bayer misrepresented baycols efficacy when compared to competing drugs, and paid illegal kickbacks to physicians to increase bayers share of the market for statin drugs. This case study describes the history of bayer s anticholesterol medicine baycol lipobay from its early development to its withdrawal from the market. This baycol lawsuit ruled bayer manufacturer of baycol of negligence. Baycol product liability litigation district of minnesota.
The company took baycol off pharmacy shelves in august 2001 after it was. As part of the mdl proceedings, the district court supervised a settlement program for baycol claimants with the most severe rhabdomyolosis claims. Nov 16, 20 court reinstates whistleblower lawsuit alleging fraud involving bayers cholesterol drug baycol. Aug, 2001 baycol linked to 52 deaths august, 2001 posted.
She has been involved in bayer baycols serial product liability litigation since 2003, including haltom v. This was not the case here because smith and sperlazza remained free to pursue individual claims in state court. Four days later, defendant wenningwas quoted as saying that bayer mayconsider establishing reserves to settle baycol. Baycol litigation represented bayer in proposed consumer class actions regarding baycol.
Class action certification denied in baycol litigation. Baycol litigation, in response to recently reported allegations by watts. The initial dod contract called for bayer to sell baycol to the military for an 18month term in three different dosages 0. This initial contract had an estimated base value per year. The court of appeals for the eighth circuit affirmed. The baycol recall has been used as a source of comparison for drug recalls in recent years. Baycol anticholesterol injury pharmaceutical litigation.
Initially available only in low doses, sales of the aggressively priced baycol lipobay picked up when the product was marketed at higher doses, especially in the large us market. Bayer cleared of liability in a lawsuit over a drug the new. The terms required bayer to register the results of its clinical studies on the internet. Bayer withdrew baycol from the market after concerns arose about links between the use of baycol and several acute, and sometimes fatal, muscle tissue diseases. Baycol lawsuits bayer class action lawsuit, baycol side.
Bayer ag was founded as a dyestuffs factory in 1863 in barmen later part of wuppertal, germany, by friedrich bayer and his partner, johann friedrich weskott, a master dyer. My experience in the baycol litigation has shaped my views on this topic. Baycol was bayers anticholesterol statin drug, voluntarily withdrawn from the marketplace in august of 2001 after allegations of adverse health consequences including rhabdomyolisis. Following bayers withdrawal of baycol from the market, thousands of plaintiffs filed suit against bayer. In other words, the district court concluded that baycol plaintiffs. In 2007, a baycol settlement was announced between bayer and thirty states. Baycol lawsuit information do i have a baycol lawsuit. Bayer, of germany, is facing an escalation of its legal problems as lawyers from more than 50 us firms gather in chicago on wednesday to coordinate their actions over baycol, the cholesterol drug. Dec 23, 2019 this baycol lawsuit ruled bayer manufacturer of baycol of negligence. The company operates in the united states through the bayer corporation. Bayer drug manufacturers history, problematic drugs. In 1997, the fda approved baycol, which bayer began marketing in may 1998.
Restraining multiple bites at the class certification. Bayer ag is a global holding company for a number of pharmaceutical, biotechnology, agrochemicals, healthcare, plastics and other materials subsidiaries. It first noted that the antiinjunction act act generally prohibits federal. James anderson, in describing a product liability case against bayer concerning the cholesterollowering drug baycol, illustrates the benefits of transparency that can be achieved through targeted or partially transparent strategies without sacrificing the benefits of privacy. She alleged that bayer knew, but downplayed, the risks that use of baycol, a statin drug, would cause rhabdomyolysis. Baycol lawsuits bayer class action lawsuit, baycol side effects.
Baycol, also known as cerivastatin, was used to lower cholesterol in patients with heart disease, or a risk. Justia us law case law california case law supreme court of california decisions 2011 baycol cases i and ii receive free daily summaries of new opinions from the supreme court of california. She is also on the national team for the bayer yaz defense. These cases involve allegations concerning a medication generically known as baycol also known as lipobay, cholstat or cerivastatin. Lawsuits focused on rhabdomyolysis, a serious muscle condition that can cause death. Jun 17, 2011 the west virginia baycol lawsuit was brought in september 2001, a month after bayer pulled the cholesterollowering drug off the market because of its association with rhabdomyolysis, a sometimesfatal muscle disorder. Plaintiff douglas shaw filed this case as a class action, alleging claims for violation of the unfair competition law ucl bus. Baycol is a synthetic member of the class of statins, used to lower bad cholesterol ldl and prevent cardiovascular disease.
Supreme court decision that was nearly unanimous, two west virginians will be able to go forward with a baycol class action lawsuit that seeks economic damages. Bayer will continue to publish material documents on this website in english as required by rule 12g32b under the u. The district court erred in dismissing plaintiffs qui tam action under the false claims act for lack of subject matter jurisdiction, based on its conclusion that her action. Baycol user suing bayer must prove under the wvccpa. The company said fewer than 6,000 baycol cases were still pending. By the time the baycol recall was issued, 31 deaths had been attributed to the drug.
Baycol lawsuits baycol side effects, baycol injury lawyers. This chapter describes the product liability case brought against bayer for the cholesterollowering drug cerivastatin baycol, a powerful statin that was discovered to cause a muscular deterioration rhabdomyolysis that caused extreme pain and, in rare cases, death. Baycol works by promoting the production of good cholesterol highdensity lipoproteins hdl that lowers the arteryclogging risk of high levels of ldl. Bayer removed the case to the united states district court for the district of minnesota based upon diversity jurisdiction under 28 u. The dod reached an initial agreement with bayer for the purchase of baycol on october 1, 1999.
After baycol s withdrawal from the market, plaintiffs filed thousands of lawsuits in federal and state courts. Wenning, a bayer veteran of more than 50 years, became ceo in 2002, taking control of a company plunged into crisis by the 2001 market withdrawal of cholesterol drug baycol, or lipobay, which had. Court reinstates whistleblower lawsuit alleging fraud. Obtained injunction preventing state classaction litigation and argued the united states supreme court appeal regarding propriety of that injunction.
Restraining multiple bites at the class certification apple. Until the company had filed for deregistration on september 28, 2007, it was required to file an annual report, known as form 20f, with the sec each year. Litigation news and analysis legislation regulation expert commentary products liability westlaw journal formerly andrews litigation reporter 41067389 volume 22, issue 7 august 2011 baycol 3 baycol mdl judge wrong to toss state court suit, supreme court says smith v. Baycol was one of a group of drugs called statins, intended to reduce cholesterol. Baycol litigation 295th judicial district plaintiffs master request for disclosure to bayer corporation and bayer ag pursuant to rule 194.
After withdrawing it from the market, bayer faced over 12,000 claims, which could have evolved into a mass tort. Watts, attorney for the plaintiff, is throwing around wildly unrealistic and unsupported numbers in the press in an effort to pressure bayer stock, and in doing so, force us to settle his case, said philip s. The decision overturns previous federal court rulings that prohibited a west virginia state court from certifying the baycol lawsuit as a class action. Up until then, it had been used by six million individuals worldwide. The court granted bayers requested injunction against the state court proceedings, holding that its denial of certification in mccollins case precluded litigation of the certification issue in smiths case. Request pdf understanding mass tort defendant incentives for confidential settlements. The sensational and highly experienced fred bartlit has an amazing ability to inspire confidence and comfort, clients reported. Generally, the claims asserted against the seller defendants are based on allegations that these defendants falsely and deceptively misrepresented material facts concerning baycols risks, and that baycol is defective, unsafe and unreasonably dangerous, and failed to warn of baycols risks. The lawsuit was the first to go to trial of more than 8,400 cases involving baycol that have been filed against bayer. Women blame the birth control device for organ perforation, dislodging from the uterus and causing pressure buildup in the skull. In early 1998, bayer began marketing baycol to compete with other cholesterollowering cerivastatin or statin drugs. Colloton, author, with loken and kelly, circuit judges civil case false claims act. This case study describes the history of bayers anticholesterol medicine baycollipobay from its early development to its withdrawal from the market. In addition, plaintiff aikens alleges that decedent.
1229 109 1099 1414 1147 752 479 1135 1130 1183 1276 423 513 458 1058 623 746 1371 980 1173 1505 652 494 345 1280 1031 1156 1496 894 1065 628 272 51 382 832 1362 1074 286 141 531 1363 1308