April 4, 2003

The cholesterol-lowering drug Baycol didn't cause a Jackson woman's health problems, a jury ruled Thursday, clearing the drug manufacturer in a $50,000 lawsuit.

The jury deliberated about two hours before reaching the verdict in Hinds County Court Judge William Barnett's courtroom.

"We looked at and analyzed all the evidence," said N.C. Michael, one of the six jurors. "Based upon the evidence, it didn't show it (Baycol) caused any of Mrs. Hardy's problems."

Virgie Hardy had sought $50,000 from Bayer Corp, claiming she suffered muscle pain from the drug. The maximum Hardy could have sought in County Court was $70,000.

The case was the second trial in the nation over the use of Baycol. Bayer Corp., the manufacturer, also won the initial case about two weeks ago in Texas.

Thursday's favorable verdict was the first time since 1997 that a pharmaceutical company has won a case in the state, said Bayer's attorney Robert Johnson III of Natchez.

"This verdict validates Bayer's assertion that the company acted responsibly in the development, marketing and voluntary withdrawal of Baycol and that patient safety was always a top priority for the company," Bayer said in a statement.

But Hardy's attorney Robert Wilkins said the lawsuit is only the first local battle with Bayer over Baycol. "We intend to keep fighting against these multinational corporations until the public knows what they did and the last case is tried," Wilkins said.

A check of Hinds County Circuit Clerk records show almost 100 cases have been filed against Bayer.

Jackson attorney Dewayne J. Thomas, who said he has about 25 Baycol cases pending, said he and other attorneys have no intention of throwing in the towel.

"Every case is different," Thomas said.

The Food and Drug Administration linked Baycol to at least 52 deaths worldwide before it was pulled from the market in August 2001.

Bayer has acknowledged the link between the drug and a side effect called rhabdomyolysis - a rare but life-threatening condition in which muscle cells are destroyed. But the company said it acted responsibly by taking the drug off the market.

Johnson said the company will continue to settle cases when side effects from the drug caused injuries, but will vigorously defend itself when that is not the case.

Nationwide, there are an estimated 8,000 cases against Bayer. The company has paid $125 million to settle about 450 cases.