Baycol Lawsuits

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What is Baycol?

Baycol® (cerivastatin) is a cholestoral-lowering prescription drug manufactured by the German pharmaceutical giant Bayer AG. It belongs to a family of drugs known as "statins," which lower cholesterol by blocking its production in the liver. Bayer first offered Baycol® to the American public in 1997. About 700,000 Americans had used the drug by August 2001, when the company voluntarily recalled Baycol® from the U.S. market.

Why was Baycol Taken off the Market?

Bayer decided to withdraw Baycol® from the American market on August 8, 2001, after the U.S. Food and Drug Administration (FDA) reported that 31 Americans had died as a result of a fatal muscle reaction called rhabdomyolysis associated with taking Baycol®.

The deaths occurred mostly among:

• Patients taking high dosages of Baycol®
• Elderly patients
• Patients taking Baycol® in combination with gemfibrozil (another cholestoral-lowering drug)

What Risks are Associated with Taking Baycol?

The most serious risk associated with taking Baycol®, rhabdomyolysis, occurs when muscle cells are damaged causing muscle tissue to deteriorate and release a muscle protein, called myoglobin, into the bloodstream. The myoglobin causes kidney failure, which sometimes leads to death.

Symptoms of rhabdomyolysis include:

• Muscle weakness, tenderness, and severe pain
• Dark or rust-colored urine
• Joint pain
• Fatigue
• Seizures
• Fever
• Nausea
• Vomiting

Less serious side effects associated with taking Baycol® include:

• Rash
• Dizziness
• Headache
• Abdominal discomfort including gas, bloating, nausea, stomach upset, heartburn, pain, constipation, diarrhea

Why is Bayer Being Sued?

Thousands of Baycol® lawsuits have been filed against Bayer since the drug's recall in 2001. The lawsuits generally claim that the company knew that Baycol® caused a high risk of rhabdomyloysis well before adding a warning label telling patients of the dangers associated with taking the drug. Indeed, before recalling the drug, Bayer blamed patients for their injuries by saying they were taking Baycol® in doses that were not consistent with the drug's labeling. In a letter sent to doctors prior to the recall, Bayer affirmed that Baycol® was safe if used in proper doses, and that serious side effects should not occur.

As of April 25, 2005, the company reported that it had paid $1.133 billion to settle 2,995 Baycol® cases worldwide. The company had won two Baycol® lawsuits that went to trial in the United States as of November 2005, but thousands were still pending and more were being filed.

Who Can File a Baycol Lawsuit?

If you have taken Baycol® and suffered a Baycol®-related injury, or if you are a close family member of someone who died as a result of a Baycol®-related injury, you may be able to file a Baycol lawsuit.

How Do I File a Baycol Claim?

If you want to file a lawsuit, you should find a lawyer as soon as possible. Each state has a time limit, called a statute of limitations, restricting how long you have to file your Baycol® claim. The time limit varies from state to state. But if you wait too long, you will be barred from taking legal action.

When choosing a lawyer, you should look for someone who has experience dealing with Baycol® lawsuits. After all, Bayer has legal experts defending it against Baycol® claims that may be similar to yours. You should find a lawyer with proven experience in the field, someone who has the resources and contacts to deal with your case quickly and efficiently.

An experienced lawyer will be able to advise you about your options, including whether you should file an individual lawsuit or opt for a class action. Your lawyer may be able to advise you about your chances of success and give you an idea of how much compensation you can reasonably hope to recover.

Once you have selected a lawyer, you will need to provide information regarding:

• When and how long you took Baycol®, as well as the dosage
• Whether you took Baycol® with gemfibrozil or in combination with any other medication(s)
• What type of Baycol®-related injury you suffered, when the injury occurred, and whether you were taking Baycol® at the time

The more information you provide your lawyer, the better chance he or she will have of preparing a solid Baycol® case for you. As your case develops, your lawyer will be able to advise you about accepting an out-of-court settlement, if one is offered, or if you should go to trial.

How Can I Report a Serious Side Effect With Baycol to the FDA?

If you're aware of a serious adverse reaction to Baycol®, the FDA encourages you to make a MedWatch report (click on "How to Report") or call 1-800-FDA-1088

Related Resources on lawyers.com

- Drugs and Medical Devices
- Products Liability
- Class Actions
- Selecting a Lawyer
- Drug and Medical Devices Lawyers
- Class Action or Products Liability message boards for more help

Web Links

- Information from the FDA regarding Baycol®
- DEA "Consumer Alert!" concerning buying drugs online