Bayer Loses U.S. Supreme Court Appeal Regarding Baycol Class Action Suit

On June 16, 2011, Greg Stohr of Bloomberg reported that The U.S. Supreme Court cleared the way for two West Virginians to seek class-action status in a suit against Bayer’s recalled cholesterol drug Baycol.

The Supreme Court justices unanimously overturned a lower court’s decision which held that the plaintiffs were bound by a ruling rejecting a West Virginia class-action bid in an earlier Baycol law suit.

Bloomberg reports that Keith Smith and Shirley Sperlazza, the plaintiffs, are attempting to sue Bayer Corp. on behalf of all West Virginians who took Baycol. Smith and Sperlazza argued that they should not be bound by the earlier ruling because they were not involved in that case.

According to the Bloomberg article, Bayer alleges that it “will continue to defend this case, including on the issue of class certification, should it move forward at the state level.”

Baycol was withdrawn from the market by Bayer in August 2001. Bloomberg reprts that the U.S. Food and Drug Administration claimed Baycol was linked to rhabdomyolysis, a sometimes-fatal muscle breakdown disorder.

Here is a link to the Bloomberg article

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