Baycol Recall News

The Baycol recall of August 2001 affected the over 6 million people worldwide that were taking the cholesterol-lowering drug. Bayer, Baycol’s manufacturer was criticized for allowing patients to continue using the cholesterol drug for such an extended amount of time despite the increased risk of fatality due to the condition rhabdomyolysis, a breakdown of muscle tissue causing renal failure and liver damage. The company has claimed the Baycol recall was issued because doctors were not using the drug as directed by Baycol labeling.

Although Baycol belonged to the most widely prescribed drug class called statins, which was linked to instances of rhabdomyolysis, Baycol was considered a significantly greater risk of death occurring because of rhabdomyolysis. Bayer has since been left defending itself since the 2001 Baycol recall but once again can be found making Baycol lawsuit news. At the time of the Baycol recall, Baycol was linked to over 50 Baycol deaths worldwide, however since then the number has risen to over 100 Baycol deaths, in addition to 1,600 injuries worldwide. For more information on the Baycol lawsuit news, please contact us to confer with a Baycol lawyer.

Internal Bayer Baycol Documents Revealed at First
Baycol Lawsuit Trial

In the first of the 7,800 Baycol lawsuits waiting to go to trial, the highly publicized and scrutinized Baycol trial taking place in Texas has exposed evidence of internal company documents showing top Bayer executives became increasingly more alarmed at the occurrence of the deadly Baycol side effect rhabdomyolysis that was found to occur at a rate much higher than with other statin drugs. If you have taken Baycol and are suffering or have suffered Baycol side effects including rhabdomyolysis, please contact us to confer with a Baycol lawyer.

“We need to do everything possible to maximize sales results since Baycol must carry the company for the short and long haul.”
-May 1998 email from Bayer executive

“The steadily increasing numbers of spontaneous reports of rhabdomyolysis associated with Baycol...has overwhelmed the available safety resources.”
-December 1999 report

“Some are scared to uncover such data (bad data) because of launch of 0.8 mg. If FDA asks for bad news, we have to give, but if we don’t have it, then we can’t give it to them.”
-January 2000 meeting agenda, unidentified Bayer executive wrote

“I am concerned that there is widespread knowledge in the field with both Bayer and SB representatives that there have been some death related to Baycol.”
-February 2000 email from Bayer executive

“There has been a substantial increase in calls from our sales representatives and opinion leaders requesting that scientific affairs liaisons talk to physicians who had cases of rhabdomyolysis.”
-June 2000, Bayer executive

“There will be much more tremendous trouble in the future.”
-Bayer marketing partner in Japan urging the company halt clinical trials of higher doses of Baycol viewed to help increase sales, in July 2000, Bayer received approval to sell a higher dose of Baycol

“So much for keeping this quiet.”
-February 2000, email from Patricia Stenger, manager in Bayer’s scientific affairs unit to other executives

Allegedly top Bayer executives told sales staff to “redouble our efforts, we’re going to make this a billion-dollar drug.”
-March 2000

Stenger wrote a June 2000 email with an attached document saying that doctors reporting Baycol side effects were hearing of similar cases with other patients and stated they “appear to be more angry and concerned and feel that Bayer is hiding information.”



September 18, 2003 Breaking News!!
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 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.

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.

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.