Bayer AG Lipobay Suit to be Expanded to Include Foreign Plaintiffs - Class Action Reporter - January 16, 2002

Bayer AG: Lipobay Suit to be Expanded to Include Foreign Plaintiffs
Class Action Reporter
January 16, 2002

Lawyer Kenneth Moll plans to expand the class action suit against German pharmaceutical giant Bayer AG over the anti-cholesterol drug Lipobay to include plaintiffs from Canada, Germany, Egypt, Australia, France and Jamaica, according to a CBC News report.

Mr. Moll has already filed a suit on behalf of American users in the US District Court for the Western district of Pennsylvania. He plans to file the suit for foreign plaintiffs in the US District Court in Minneapolis.

The suits were commences after the Company initiated a recall last year of the drug, also known as Cerivastatin or Baycol. The Company had received reports of the product being related to rhabdomyolysis, a condition that causes muscles to break down, releasing muscle cells into the bloodstream. Lipobay was also linked to more than 50 deaths worldwide.

Mr. Moll told CBC News that joining the American lawsuit will ensure all people have access to higher damage settlements from US courts. He indicated that damages could range from a few hundred dollars to as much as $15 million for families of those who died.

The Company has countered the allegations, saying it is confident that the court will not include foreign plaintiffs in the suit. In a statement, the Company asserts, ELipobay was sold at different dosage levels, subject to different regulatory requirements, and by different entities in different countries.