What is Baycol?
It is a statin, a cholesterol lowering drug, produced by Bayer. It was approved in 1997 by the FDA.
What were the major problems associated with the drug?
Baycol was associated with rhabdomyolysis which is muscle cell degeneration that may lead to fatal organ damage. When this occurs, muscle cells break down and cause serious problems. This can be fatal to patients who experience it. In August of 2001, the FDA received a great number of reports claiming that people taking the drug were experiencing rhabdomyolysis. The numerous claims were enough to necessitate a Baycol recall.
Why was Baycol removed from the market?
On August 8, 2001, a recall was issued for Baycol as there were 700,000 people in America taking the drug at the time. After 32 deaths due to fatal rhabdomyolysis, Bayer withdrew from the market. There were over 100 deaths caused by rhabdomyolysis in the US after patients were prescribed the drug, which was the foundation of many lawsuits. The recall was due to the increased risk of rhabdomyolysis in patients who took the drug as opposed to other statins. Information regarding the Baycol recall indicated that Bayer may have known that their drug caused a significantly increased rate of rhabdomyolysis for over a year before they added the warning to the label. Court documents demonstrated that despite the fact that the company was aware of the severe and fatal side effects, executives continued to promote the drug as safe and effective.
Increasing amount of lawsuits involving Baycol: Bayer facing one of the largest product liability cases
Once Baycol was removed from the market in August 2001, an increasing number of cases were filed against Bayer as many claimed that Bayer continued to market Baycol as safe and effective after numerous reports of serious side effects such as rhabdomyolysis. Because of the high number of people who failed to report side effects initially, the number of cases against Bayer has increased. More than 12,000 Baycol lawsuits were filed after the recall.
How did Bayer settle the cases?
Bayer has spent millions of dollars settling cases. As of May 2003, Bayer claimed they had spent an estimated $240 million on settling 785 Baycol cases. There are still 9,400 pending cases against the makers of Baycol that have yet to be settled. The Kaiser Daily Health Policy report stated on November 23, 2004 that Baycol has settled approximately 2,861 injury cases involving the drug. Baycol has settled 888 lawsuits as on June 10, 2003. May 2004, Baycol cases settled approximated 2,312 for $872 million. Bayer AG stated that they had paid $1.133 billion to settle 2,995 cases worldwide as of April 25, 2005. That is an estimated average of $381, 224 per case.
What do the experts say?
The Plaintiff’s Steering Committee (PSC) issued the statements of experts in various medical areas which provided the foundation and evidence on behalf of the patients injured from taking Baycol.
Richard M. Kapit, M.D. He worked for the Government of the United States including 16 years as a clinical reviewer at the FDA. He stated that, “Bayer’s knowledge of the excessive toxicity level of Baycol, the FDA’s reliance on full and honest disclosure, reckless disregard for public health by Bayer, misplaced trust and Bayer’s priorities and company strategy for Baycol.”
Bruce M. Carlson, M.D., Ph.D. He is a Professor in the Department of Cell and Developmental Biology at the University of Michigan Medical School. “Carlson reports that Baycol led to higher incidence of muscle problems than the other statins on the market. He explains the continuum of harm at the level of both individual muscle fiber and the entire muscle.”
Christopher P. Chengelis, Ph.D., D.A.B.T. He is a consultant in toxicology and provides technical services to companies that develop pharmaceutical products for market. “His conclusions find that Bayer consistently attempted to gain FDA approval, rather than conduct proper due diligence to assess safety. In fact, it was clear to Dr. Chegnelis that Bayer did not act in a scientifically appropriate manner by heeding the warning signs as evidenced by the findings from its preclinical studies.”
www.baycolpsc.com
www.adrugrecall.com