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Bayer AG Accused of Using Anthrax Attacks to Maximize Drug Profits at the Expense of Consumer Safety

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Case ID: 2885 | Drugs / Medical | 11/10/2003

A class action has been filed against German drug manufacturer Bayer AG and several New Jersey hospitals on behalf of New Jersey postal workers who allege that they have suffered serious side effects from taking the antibiotic ciprofloxacin (Cipro) in the aftermath of the anthrax attacks in 2001. The action alleges that Bayer failed to warn the postal workers of Cupro's potential side effects, thereby violating the New Jersey Consumer Fraud Act. The action seeks funding for a medical monitoring program and compensatory damages for those workers who have suffered side effects.

The action alleges that the postal workers have suffered joint and tendon injuries; neurologic, cardiologic, or central nervous system disorders; and gastrointestinal disorders because of the Cipro that they were given to combat any possible anthrax infection. Allegedly, those workers who have not actually had negative side effects now have an increased risk of developing similar conditions. Additionally, the action alleges that there are increased risks of Cipro side effects in individuals who engage in athletics and in people who take nonsteroidal anti-inflammatory drugs.

The action alleges that Bayer heavily promoted Cipro as the only safe and effective drug for use against Anthrax, so that persons who were exposed to infection were ordered or advised to take Cipro even though doxycycline and penicillin had been approved for anthrax prevention and several other antibiotics had been shown effective against anthrax bacteria. The action also alleges that, due to a strong increase in demand for Cipro after the anthrax attacks, Bayer made a steep hike in the drug's price, so that the retail price reached $7 per pill. Allegedly, Bayer paid millions of dollars to keep generic manufacturers from making Cipro, even though there were concerns about a shortage of the drug. The action alleges that sales of the drug skyrocketed 1,000 percent after the anthrax attacks.

The action alleges that a Centers for Disease Control study indicated that Cipro consumers suffered significantly greater adverse effects than those cited in package inserts. The hospitals that dispensed Cipro allegedly failed to give the workers any written information about the drug. The action also alleges that the hospitals were negligent in distributing Cipro because they did not use physicians to prescribe or distribute it, did not take patient histories or do examinations, did not warn of the various side effects, and did not provide written information about the drug.

In naming "Bayer Corporation" as an additional defendant, the action apparently means Bayer Pharmaceuticals Corporation, the U.S. subsidiary of Bayer AG.

In Pennsylvania, a similar action covers employees of the Brentwood Post Office in Washington, D.C., workers at the U.S. Capitol, employees of American Media Inc. in Florida, and postal workers in general.


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