February 20, 2003
A judge in Corpus Christi, Tex., yesterday asked the district attorney to
investigate after Bayer sent thousands of letters to residents before jury
selection in a lawsuit involving its anticholesterol drug, Baycol.
Judge James B. Klager of Nueces County Court called Bayer's mailing of the
letters "outlandish" and said there were concerns that it might constitute
an attempt to tamper with the jury.
"I just cannot let this sort of thing occur," Judge Klager said.
Bayer, the giant drug company based in Germany, called the mailing a mistake
and apologized to the court.
The judge agreed thatthe trial could continue, but said he would hold a
hearing on possible sanctions after the trial concluded.
The case in Corpus Christi is the first of thousands involving Baycol to go
to trial. More than 10,000 patients have filed lawsuits against Bayer, which
pulled the drug in 2001 because it can cause a rare, sometimes fatal, muscle
disorder. Bayer has said about 100 deaths have been linked to the drug.
Bayer sent the two-page letters on Monday, the day before jury selection was
to begin. In them, Bayer described its position in the case and noted that
it employs nearly 2,000 people at several Texas operations.
It asked the recipient to "keep an open mind" about the drug company.
Two people who were considered as jurors received the Bayer letters but not
until after they were dismissed. Judge Klager said that the chosen jurors
could continue.
Philip S. Beck, a lawyer for Bayer, said the company's public relations
executives sent the letter because they were concerned about publicity that
might be generated during the trial by lawyers for Hollis W. Haltom, the
82-year-old patient who filed the lawsuit. The letter was intended for
members of the Corpus Christi Chamber of Commerce, he said, but "a
miscommunication" caused it to be sent to 2,100 people.
"We apologized to the court," Mr. Beck said, "because we made a mistake."
The letter states that Bayer took "immediate and appropriate action" to tell
doctors about Baycol's potential side effects.
The letter also says that Bayer had tried to reach a "fair settlement" with
Mr. Haltom, but his lawyers turned it down. It is signed by Meredith B.
Fischer, vice president for communications and public policy for Bayer's
health care operations in North America.
"As you hear and see reports of the trial, I hope that you will keep an open
mind to the efforts that Bayer made to give fair redress to this gentleman
and, on a much broader scale, the tremendous contributions that our company
has and continues to make to the health and welfare of millions of people
worldwide," Ms. Fischer wrote.