By Jim Messer, Partner

In the Winter 2002 edition of Law Talk we reported on the dangers of the prescription drug Baycol. Baycol is a cholesterol-reducing drug known as a statin. Statins, including other cholesterol-lowering drugs, such as lovastatin, simvastatin, pravastatin, fluvastatin, and atrovastatin, work by slowing down the cholesterol-manufacturing process in the liver. Simply put, statins lower the production
of cholesterol in the body. In recent years, these medications have helped thousands of people. Unfortunately, Baycol turned out to be more curse than miracle.

The Rhabdomyolysis Diagnosis
Bayer Pharmaceuticals withdrew Baycol from the market in August 2001 after usage was associated with 31 deaths in the United States and nine deaths in other countries. The drug was found to cause rhabdomyolysis, the breakdown of muscle fibers resulting in the release of muscle fiber contents into the bloodstream. Some of these are toxic to the kidneys and frequently result in kidney damage. The only way to confirm a diagnosis of rhabdomyolysis during the occurrence of the disease. Once Baycol is discontinued, blood test results return to normal levels.

Bayer Prevails in Trials
In March 2003 the first Baycol case in the country went to trial. In the Corpus Christi, Texas, case, a retired engineer blamed Bayer for rhabdomyolysis. Bayer defended Baycol by blaming doctors for the way Baycol was used, saying Baycol was not prescribed correctly. The jury apparently agreed, and voted against the patient. By blaming the doctors prescribing Baycol, Bayer managed to evade responsibility for the claim.

In April 2003, in the second Baycol case to go to trial, a Jackson, Mississippi, jury ruled in Bayer's favor. The case involved a woman complaining of muscle weakness, aches and pains. There was no diagnosis of rhabdomyolysis, and the jury sided with the producer of Baycol. Unfortunately, however, even a diagnosis of rhabdomyolysis, as in Texas, does not guarantee victory.

Intense Review the Key to Success
Through meticulous analysis of thousands of pages of medical records and laboratory tests, Fonvielle Lewis Foote and Messer identified clients with rhabdomyolysis. This review gave our clients the tools needed to effectively negoitiate with Bayer. As of the date of this article, Bayer reported it had settled 1,959 Baycol cases for $747 million. Through our investigation and litigation, Fonvielle Lewis Foote and Messer has successfully settled a substantial number of these rhabdolmyolysis cases. Unfortunately, settlement agreements with Bayer do not permit us to comment on the amounts. As noted by Bayer after the Texas trial, "It is Bayer's intention to pursue its policy of seeking to fairly compensate anyone who experienced serious side effects from Baycol, regardless of whether we have valid legal defenses to such claims."

If you or a loved one have been prescribed Baycol and have been diagnosed with rhabdomyolysis, please contact us immediately for a case evaluation.