BAYCOL INFORMATION FROM A BAYCOL ATTORNEY-LAWYER

September 18, 2003, Baycol Class Action Lawsuit Denied But Bayer Still Faces Large Legal Battles
A U.S. federal court on September 17, 2003 denied certification of a Baycol class action lawsuit that had been filed against Bayer AG. In 2001, Baycol cholesterol drug was pulled off the market because of deadly Baycol side effects reported, including rhabdomyolysis, a disease causing muscle damage, kidney failure, and other injuries.

The Baycol recall has been linked to over 100 deaths and 1,600 injuries. The recent Baycol class action lawsuit denial was filed in representation of over 1,000 cases. Judge Michael Davis denied the Baycol class action lawsuit because he ruled the cases were too diverse.

Bayer has said that the company has so far paid $477 million to settle out of court 1,342 Baycol cases in the U.S. There are still 11,000 Baycol lawsuits that Bayer must still face, in which the company refused to acknowledge legal liability.

The company has said its legal strategy will be to continue analyzing specific Baycol lawsuits in order to agree on “fair compensation” for those people that have suffered serious Baycol side effects. For more information on Baycol contact us to confer with a Baycol lawyer.

June 24, 2003, Bayer restructures in response to Baycol woes
Bayer announced in May 2002 that 1,200 workers worldwide would be laid off by the end of the year after suffering losses and facing a high number of Baycol lawsuits after the Baycol recall was announced in 2001. Now, Bayer has cut 100 more jobs, which may reflect the $240 million that the company announced it paid to settle 785 Baycol lawsuits out of court in May 2003. Still facing around 9,400 more Baycol cases, the company is still far from being past its’ Baycol battles.

Contact us for more information on Baycol.

June 2, 2003, More Baycol cases settled
Bayer claims the company no longer faces individual Baycol lawsuits following even more out of court settlements and an individual Baycol lawsuit withdrawal. The next Baycol lawsuit cases are scheduled to occur in July. By the start of May 2003, Bayer had already paid $240 million to settle 785 Baycol lawsuits.

May 20, 2003, Baycol plaintiff files new case
The first plaintiff to take Bayer to court over Baycol health effects lost his case but has just filed a new Baycol suit. Baycol has been linked to over 100 deaths and faces around 8,800 U.S. filed Baycol lawsuits. The plaintiff has filed the new Baycol case against Bayer AG after losing the case against Bayer’s U.S. unit.

April 10, 2003, Another Baycol lawsuit settled, according to Bayer
The Baycol lawsuit was supposed to be heard in a Texas courtroom late April however, settled for undisclosed reasons and an undisclosed amount.

April 9, 2003
A Baycol class action lawsuit was announced in the U.S. District Court for Southern District of New York. The Baycol lawsuit has alleged that Baycol maker Bayer AG violated sections of the Securities Exchange Act of 1934 when issuing false and misleading statements to the marketing in order to boost sales. In addition, the Baycol lawsuit alleges that Baycol side effects were minimized despite the knowledge by top Bayer executives that Baycol patients were suffering deadly Baycol side effects. For more information on Baycol lawsuits contact us to confer with a Baycol attorney.

April 4, 2003
Baycol maker, Bayer AG announced that the number of out of court settlements for its recalled drug was on the rise. Bayer has already settled around 500 Baycol cases out of court at $150.1 million. The company said it would update the Baycol settlement and Baycol lawsuit figures later in April 2003. Bayer is still facing around 8,400 Baycol cases. There have been over 100 deaths linked to the use of Baycol, many of the Baycol deaths attributed to a rare condition called rhabdomyolysis.

March 17, 2003, Baycol settlements included Baycol deaths
Baycol manufacturer Bayer AG has stated that in the 500 Baycol lawsuits the company has settled, 13 cases of Baycol deaths were included.

March 17, 2003, Second Baycol lawsuit begins
The second Baycol lawsuit is now underway in Mississippi. Linked to the muscle disease rhabdomyolysis, Baycol settlements have so far cost Bayer about $140 million for 500 Baycol lawsuits. There have been about 8,400 Baycol lawsuits filed worldwide.

March 14, 2003, Baycol verdict not reached after first day of deliberations
After the fist day of deliberations in the first Baycol lawsuit of about 8,400 to go to trial, a decision has not been made. Evidence during the trial has shown that Baycol manufacturer had a growing sense of alarm within the company about the Baycol side effects despite the company’s efforts to increase sales with internal projections of sales reaching $1 billion by 2005.

March 14, 2003, Baycol executives may not have enough money for Baycol lawsuits
The growing number of Baycol lawsuits filed is now up around 8,400 worldwide and combined with Baycol manufacturer’s financial results, reporting tumbling stock losses.

March 12, 2003, Bayer shares fall another 10%
Bayer shares fell 10% after the announcement that the company was being sued in a New York district court for violations of the Securities Exchange Act. The allegations are that Bayer omitted and/or misrepresented factual information regarding Baycol, the anti-cholesterol drug, in order to artificially inflate the market price of the company’s shares.

March 11, 2003, A lot riding on Baycol lawsuit
In the civil trial for recalled cholesterol drug Baycol, so far company emails and documents have shown top executives were aware of serious Baycol side effects long before it was ever recalled. The Baycol lawsuit has been even more damaging to the company, resulting in the plunge of its stocks in addition to allegations of jury tampering. Many people are watching the Baycol lawsuit to determine how the first of over 7,800 Baycol lawsuits plays out.

March 7, 2003
Bayer executives claim the company acted responsibly by pulling Baycol off the market as soon as finding out the cholesterol drug was causing deadly and serious side effects, including rhabdomyolysis. As the first Baycol trial underway has shown, internal emails from Bayer indicate the company waited two months before sending doctors a warning letter to not allow patients to start using Baycol at the higher dosage but the Baycol labeling was never updated.

-March 6, 2003
The trial of an 82-year old man suffering from rhabdomyolysis due to use of Baycol is underway. When cross-examined, head of Bayer’s worldwide regulatory affairs stated that reports of Baycol causing adverse effects helped Bayer improve the drug. The problem was that according to the plaintiff’s attorneys, Bayer tried to maximize profits by failing to submit evidence of adverse Baycol effects in a timely manner until receiving FDA approval for the higher dosage of Baycol. The company has acknowledged the plaintiff’s case of rhabdomyolysis was the result of using Baycol. The result of the Baycol lawsuit is widely focused on and may dictate the way the rest of the thousands of Baycol lawsuits will play out.

-March 5, 2003
Documents that have been presented in court at Baycol trials showing that Baycol executives became increasingly more alarmed about the instances of Baycol side effect rhabdomyolysis that was occurring at a much higher rate than competing statins. Bayer has maintained the company acted responsibly with Baycol and had to issue the Baycol recall because doctors were improperly prescribing the cholesterol drug.

-March 3, 2003
A German lawyer is hoping to settle about 100 Baycol cases out of court in Germany. Of the 2,000 German Baycol patients the lawyer is representing, he believes that 5% of the instances involve serious Baycol side effects damage.

-March 3, 2003
Bayer has taken out full page ads defending Baycol on February 28, 2003 entitled “Facts not Mood-stirring” in order to reassure worried Bayer investors. Bayer stated it was impossible to forecast the outcome of future Baycol lawsuits despite predictions made by attorneys and analysts. The company has already paid a total of $125 million to settle 450 Baycol lawsuits but faces thousands more.

-March 2, 2003
Bayer is trying to calm the speculation talk of the impact Baycol lawsuits will have on the company following the statements a lawyer made saying Bayer faced damages of up to $50 billion. Bayer released a statement claiming the Baycol lawsuit predictions have been wildly overestimated and were press efforts to affect Bayer stock and help legal battles. Analysts have estimated Bayer could suffer damages of over $5 billion to almost $10 billion if Baycol negligence is proved.

-February 28, 2003
GlaxoSmithKline is worried as its shares have continued to slip for the fifth day in a row. Glaxo and Bayer jointly marketed Baycol and Glaxo has been named in some Baycol recall lawsuits for the deaths and serious injuries, including rhabdomyolysis that occurred while the cholesterol drug was on the market. Most Baycol lawsuits have only named Bayer because it was predominantly responsible for the marketing and selling of Baycol. Glaxo is still not sure what type of liability the company holds in the future Baycol lawsuits.

-February 28, 2003
The high profile Baycol lawsuit in Texas has drawn in dozens of spectators. The Baycol trial is proving to continue being controversial. Already, allegations of attempted jury tampering have been made. In addition, the county district attorney is looking into matters in response to the trial judges request after Bayer had sent thousands of letters to city residents urging them to keep an open mind about the company just a day before jury selections had begun. The company’s response to the letters was that they were a mistake, however the trial judge found the letters to be “outlandish”.

-February 27, 2003
Lawyer for a plaintiff in Germany are seeking $500 million in punitive damages for recalled cholesterol drug Baycol, marketed as Libobay outside of the U.S. The Baycol lawsuit is in addition to the already present Baycol case occurring in Texas with demands for a $100 million payout.

-February 27, 2003
Investors are quickly dropping Bayer’s stock fearful that the company will be forced to pay large quantities of money to settle even more Baycol lawsuits. The investors have been unable to determine what type of loss Bayer will suffer when all the Baycol lawsuits have come to a close. The 7,800 Baycol lawsuits in the U.S. that Bayer faces, in addition to any claims that are filed from 700,000 Baycol patients that live outside of the U.S., Bayer may end up making payment of more than $5 billion. Bayer officials are still denying its executives knew of the deadly and serious Baycol side effects well before adequately responding.

-February 25, 2003
Bayer announced the company has paid a total of $125 million to settle 450 Baycol cases out of court. The company said that it is in active discussions with plaintiff lawyer about settling 500 more Baycol cases. Bayer’s worry about its Baycol liabilities do not seem to be lessening, especially following the publication of company documents that indicate Bayer executives knew long before the Baycol recall that the drug had deadly risks.

-February 24, 2003
Bayer shares fell almost 10% after the New York Times reported a senior company executive was aware of the deadly risks associated to Baycol long before a Baycol recall was issued. Of the more than 7,800 Baycol lawsuits filed against Bayer, around 450 of them have already been settled out of court for amounts ranging between $200,000 and $1.2 million. The maximum estimated cost the Baycol recall problems for Bayer could result in is around $1.6 billion. Court papers show that in 1997 the President of Bayer’s North American pharmaceutical operations had received a letter from executive vice president of pharmaceuticals at SmithKline Beecham that he had “serious concerns” about using Baycol with some other medicines the day after Baycol received FDA approval.

-February 22, 2003
Internal Bayer emails and depositions indicate that Bayer was promoting Baycol with the knowledge that it can cause rhabdomyolysis-induced deaths. A February 2000 Bayer email included an executive noting that the word was leaking about deaths related to Baycol and issuing an official statement before the situation worsened. When the vice president for scientific affairs at Bayer was asked in a deposition if the company had delayed any knowledge of the link between Baycol and life-threatening instances of rhabdomyolysis, the employee responded that no knowledge was known. Other internal Bayer documents showed the officials were more concerned with Baycol becoming financially successful enough to fuel company operations and compete with other pharmaceutical companies.

-February 21, 2003
A Baycol lawsuit opened, which marked the first lawsuit of its kind in the U.S. Alleging that Bayer officials were aware of the deadly side effects, the Baycol lawsuit is the first of many awaiting trial. The plaintiff suffered rhabdomyolysis after taking samples of Baycol for less than a month.

-January 16, 2003
Bayer announced the number of Baycol lawsuits the company is facing has increased to 7,400, up from 5,700 in November 2002.

"Could Bayer Have Avoided The Baycol Mess,"
August 23, 2001, U.S. lawyers are lining up with class-action lawsuits representing patients who took Baycol and, instead of producing revenue, Baycol is now a source of significant liability. Some industry watchers speculate that with Baycol gone, Bayer's pharmaceutical division won't be able to survive as an independent entity. Read More…

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"Group wants tougher warning on statins,"
August 20, 2001, Public Citizen is petitioning the U.S. Food and Drug Administration to require statin drug makers (Bayer AG's Baycol is a statin) to warn patients about of the risk of muscle deterioration when unexplained muscle pain, muscle tenderness, muscle weakness, or general tiredness occur. Earlier this month Bayer AG withdrew its brand of statin, Baycol, after it was linked to 31 deaths. Public Citizen wants Black Box Warnings to be placed on statin drugs, Baycol included. Read More…

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“Lawsuit filed against Bayer over anti-cholesterol drug pulled from market,”
August 15, 2001, A man whose father died shortly after starting to take a popular cholesterol-lowering drug (Baycol) has filed a lawsuit against the drug’s maker, Bayer Corp. Steven Sparks’ 87-year-old father died in January, less than two months after he began taking the drug Baycol, which has been linked to 52 deaths worldwide. Read More…

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“Too Much of A Good Thing,”
August 10, 2001, German pharmaceutical company Bayer AG voluntarily pulled its cholesterol-reducing medication Baycol from the market after 31 deaths had been attributed to its use. Some 700,000 Americans have been taking Baycol. The patients who died had severe rhabdomyolysis, a condition in which muscle tissue breaks down, eventually getting into the bloodstream and damaging the kidneys. Newsweek’s Laura Fording asked Dr. Jay Cohen, author of the book “Over Dose: The Case Against the Drug Companies” (Tarcher/Putnam, Oct. 2001) for his take on what happened with the complications with Baycol. Read More…

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“Cholesterol drug pulled off market,”
August 8, 2001, Baycol, a cholesterol-lowering drug taken by 700,000 Americans, was pulled off the market Wednesday because of muscle destruction linked to at least 40 deaths around the world. Every statin has been linked to very rare reports of the muscle side effect called rhabdomyolysis, but Baycol, made by Bayer Pharmaceutical, has been linked to significantly more fatal cases than its competitors, said the FDA’s Dr. John Jenkins. Read More…

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“Bayer Voluntarily Withdraws Baycol,”
August 8, 2001, FDA today announced that Bayer Pharmaceutical Division is voluntarily withdrawing Baycol from the U.S. market because of reports of sometimes fatal rhabdomyolysis, a severe muscle adverse reaction from this cholesterol-lowering (lipid-lowering) product. The FDA agrees with and supports this decision. Baycol, which was initially approved in the U.S. in 1997, is a member of a class of cholesterol lowering drugs that are commonly referred to as "statins." Statins lower cholesterol levels by blocking a specific enzyme in the body that is involved in the synthesis of cholesterol. While all statins have been associated with very rare reports of rhabdomyolysis, cases of fatal rhabdomyolysis in association with the use of Baycol have been reported significantly more frequently than for other approved statins. Read More…

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“Bayer withdraws cholesterol-lowering drug Baycol/Lipobay,”
August 8, 2001, Bayer releases its press release regarding the recall of Baycol. Read More...

“FDA statement on Baycol withdrawal,”
August 8, 2001, The FDA announced today that Bayer Pharmaceutical Division is voluntarily withdrawing Baycol (cerivastatin) from the U.S. market because of reports of sometimes fatal rhabdomyolysis, a severe muscle adverse reaction from this cholesterol-lowering (lipid-lowering) product. The FDA agrees with and supports this decision to withdraw Baycol. Read More…

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“Bayer withdraws cholesterol drug linked to deaths,”
August 8, 2001, A widely used cholesterol-lowering drug, Bayer's Baycol, was pulled off the market Wednesday in every country but Japan after 31 deaths in the USA that were linked to an unusual side effect, the breakdown of muscle. The painful condition, called rhabdomyolysis, is marked by the destruction of muscle cells, which enter the bloodstream. In some cases, the flood of muscle cells may destroy the kidneys and other organs. Read More...

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"Revised Drug Labeling on Baycol"
June 26, 2001, Read More...

Bayer’s ”Dear Healthcare Professional” letter,
May 21, 2001, This letter provides important information on the prescribing of Baycol for the treatment of hyperlipidemia. Recently, Bayer Corporation has voluntarily made changes to the prescribing information for Baycol in order to provide prescribers and patients with more specific guidance on initiating therapy with the product. Bayer Corporation has made these revisions because we have received reports of muscle weakness and rhabdomyolysis during the post-marketing period. A substantial number of these cases occurred in patients receiving Baycol in a manner inconsistent with product labeling: e.g. patients were treated with concurrent gemfibrozil therapy and/or received Baycol 0.8mg as a starting dose. Rhabdomyolysis has been reported with all statins and is reflected in the corresponding prescribing information for all statins. Read More...

"Warning Letter"
October 25, 1999, Warning Letter sent by the FDA to Bayer regarding false advertisement of their drug Baycol. The FDA instructs Bayer to cease promotional activity that has similar violations immediately. Read More…

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Baycol Litigation from a Baycol Lawyer