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| | Take Two Before Going to Settle a Claim
By Robert Warne - September 22, 2003 Even though a U.S. District Court judge in Minnesota spared aspirin-maker, Bayer, the headache of a colossal class action suit, company officials may still need to consume some corporate product as they deal with over 11,000 claims.
The claims allege the company’s cholesterol treatment drug, Baycol of causing rhabdomyolysis, a disease that causes muscle damage, kidney failure and other injuries. So far 100 deaths have been linked to patients who were prescribed Baycol.
Bayer argued against the push to certify the claims as a class action case because of the diverse and individual issues involved with each claim.
Bayer recently reported that it already has paid $477 million to settle over 1,300 cases out of court in the United States.
Following the court’s decision, the company announced it would continue to analyze the specific circumstances of each case and the nature of each claim. It will also continue to pursue its policy of trying to agree on fair compensation for anyone who experienced serious side effects from Baycol on its own initiative and without acknowledging any legal liability.
In cases where an examination of the facts indicates that Baycol played no part in the patient's medical situation, or where a settlement is not achieved, Bayer will continue to defend itself vigorously.
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