Canadian Baycol Users v Bayer Corporation
Bayer Settles Canadian Baycol Claims for $9+ Million
The parties have reached a tentative nationwide $9+ million settlement in a class action filed against Bayer, Inc. on behalf of Canadians who live in any province other than British Columbia, and who were prescribed the anti-cholesterol drug Baycol (cerivastatin) and family members of deceased Canadians who took the drug. The action alleges that the drug causes the serious adverse muscle reaction known as rhabdomyolysis, and may also cause acute renal failure. The court has apparently not yet set a claims deadline-- persons eligible to take part in the settlement should contact attorneys for the class as soon as possible.
Between February 18, 1998, when Baycol was first approved in Canada, and August 24, 2001, 54 Canadian cases of rhabdomyolysis, including 15 cases of acute renal failure and two deaths were reported. Baycol was withdrawn from markets around the world, including Canada, on August 8, 2001, because of growing concerns. Health Canada instructed Bayer, Inc., the Canadian distributor of Baycol, to issue a Dear Healthcare Professional Letter (DHPL) on July 16, 2001, and a Public Advisory on July 25, 2001, to inform physicians, pharmacists and patients about the risks of rhabdomyolysis associated with Baycol. A second DHPL was issued on August 8, 2001, advising healthcare providers of the market withdrawal of Baycol.
The withdrawal of Baycol as a result of the increased incidence of rhabdomyolysis has prompted questions as to when the manufacturers of Baycol were first aware of the serious side effects associated with the drug. In this regard, the German magazine Der Spiegel reported on August 13, 2001, that Bayer received a report that the drug may have been a secondary cause in the death of a patient who had taken the drug for a year and a half before it was introduced to the market.
As a result of taking Baycol, Canadians allegedly suffered varying degrees of damages including rhabdomyolysis and, in some cases, death. Anyone who has taken the drug, or their family members (in the case that person who took the drug is now deceased), may take part in the settlement.
The settlement proposes certification of two classes, described as follows:
The first encompasses all persons resident in Canada who ingested Baycol and who contemporaneously suffered from Rhabdomyolysis. The second class encompasses all persons including, but not limited to, executors, administrators, personal representatives, spouses and relatives who, on account of a personal relationship to any one or more of those persons who actually took the drug, assert a derivative claim for compensation.
Any loss of income from employment incurred by a person affected by taking the drug will be paid in addition to the compensatory payments, as long as the loss is proven with supporting documentation.
Claims for loss of future income on behalf of deceased persons can be made by their executors, administrators or personal representatives.
Specific details regarding settlement amounts are laid out in the settlement notice, which may be viewed at the settlement web site, or may be requested by mail from attorneys for the class. The settlement will not be effective until the court grants it final approval. The court has scheduled a hearing on the matter for April 21, 2004.
