MINNEAPOLIS, Sept. 17, 2003 (PRIMEZONE) -- Thousands of individuals across the country with high cholesterol were prescribed a less expensive, cholesterol-lowering drug, Baycol, manufactured by German drug giant, Bayer (BAY). According to hundreds of lawsuits filed throughout the country, the drug, before it was withdrawn, caused serious injuries to certain individual, sometimes resulting in death. To date, Bayer has paid over $460 million to settle individual claims in the United States involving serious injuries and death caused by Baycol.
All cases filed in federal court have been consolidated in the Minnesota District under Judge Michael Davis. The individual patients had requested the Court join all cases as a class action, arguing that the case could proceed most effectively and efficiently -- for the parties and the court -- as a class action.
In an Order issued today, the Court denied class certification. Asked how this decision will affect the course of the litigation, attorney Charles S. Zimmerman indicated, "We are analyzing the Court's opinions and our options regarding reconsideration or appeal. Simultaneously, we now will prepare for thousands of individual trials spread all across the country. It isn't the solution that we thought would work best for the court, our clients, or even Bayer. But without hesitation, we are moving forward to protect the interests of persons injured by Baycol."
The attorneys pointed out that the Court's decision was not based on a question of whether these individuals have actually been injured. The Order reflects a decision of law and the Court's determination of how the case will be managed going forward. Additionally, the Order does not ultimately affect the merits of the Plaintiffs' case, nor does it address Bayer's ultimate liability. Instead, the Court confirmed that close to 1000 personal injury cases have settled to date -- and that the amount of the settlements clearly establishes that the value of each personal injury lawsuit was "substantial."
Two local law firms, Zimmerman Reed and Lockridge, Grindal Nauen, are leading the consolidated case. In response to the decision, Zimmerman noted, "The Order is an obvious disappointment to those injured by this drug -- but it will not really affect the lawyers' day to day work, representing individuals injured by Baycol. We have already had the privilege of achieving some very significant awards for some very deserving clients -- and there's more great work ahead. Just a different roadmap."
More information on this and other class actions can be found on the Class Action Newsline at www.primezone.com/ca