CASES FILED ON BAYCOL
Bayol’s manufacturer Bayer Pharmaceuticals has been charged with thousands of lawsuits post its drug recall in 2001. Majority of the lawsuits state that the manufacturer was well aware of the dreaded disease rhabdomyolysis that the drug could cause and kept it under the wraps on purpose. They also mentioned that the warning label that could have educated the patients about its use and misuse was added much later and till then a lot of damage was done. However, Bayer had a different opinion to it and blamed the patients for misusing the drug. As per Bayer, the patients had taken doses which were inconsistent with the labeling mentioned on the drug, so the manufacturer was not responsible for the injuries caused to them. By the time Bayer called off the drug on 8th August 2001, almost 70,000 people had used it and 31 deaths had been reported.
Deaths were higher amongst the population comprising of elderly people, people using baycol with another cholesterol lowering drug called gemfibrozil and people taking high doses of the medicine.
In case you or any of your near and dear has suffered in any way after administering the drug, then you can file a Baycol lawsuit. As the muber of litigations filed against Baycol are high and Bayer has legal experts defending it, the following points should be looked into deeply:-
- Finding a specialized litigation attorney can determine if you are eligible to file a case or not. Preference should be given to lawyers with relevant experience as the manufacturers has some of the best officials fighting for them, so claiming and getting compensation can become a herculean task.
- Time frame within which the case it to be filed. Time limit is very important and should be kept well in control as it varies from state to state. The time gap of a state within which Baycol related case can be filed is called the Statute of limitations. In case, the time period is missed, and the litigation is not filed then the chances of getting compensation becomes bleak.
- Be very articulate while providing the following information, as the outcome of the litigation much depends on the same:
- Duration and the dosage of the medicine
- Any combination or other drug taken along with the medicine
- Details of the side effects caused like type, time, duration and also whether the side effect was caused during the course or later.
Provide as much and accurate information to your attorney as it would help him/ her to make a strong case against Bayer. As the case proceeds, and depending upon the proceedings, your attorney should be able to advise you to either adopt for out-of-court settlement or proceed with the trial.
Some 2,995 cases worldwide were to be settled against baycol, by the company till August 2005. It is reported that the company had paid a whopping $1.133 billion to settle these cases. While the manufacturer won two cases that went into the United States trial courts, many went pending and more are being filed.
FDA encourages all those who have suffered because of the drug to either make a “MedWatch” report or call FDA at 1-800-FDA-1088, and inform about the side- effects or injuries caused.