Aug 14, 2001
The family of an Oklahoma man who died of
kidney failure after taking cholesterol drug Baycol is suing the drug's U.S.
manufacturer, Bayer Corp., a plaintiff's attorney said on Tuesday, alleging
the product was defective and led to injury.
It was the first announcement of a U.S. suit linking Baycol with deceased
patients who took the drug and the first suit in which class-action status
is being sought, according to the plaintiff's lawyer.
Bayer Corp.'s parent, Bayer AG of Germany, withdrew Baycol from the market
last week over concerns about potentially deadly side effects, including
muscular breakdown. The chemical and drugs firm on Monday said 52 deaths
worldwide had been linked with the drug.
The Oklahoma suit was filed on Friday on behalf of Steven Sparks, a survivor
of Lilbert Sparks Jr., who died March 2 of kidney failure brought on by
severe muscle degeneration, plaintiff's attorney Don Strong of Strong,
Martin & Associates told Reuters.
Strong said he expects that damages sought in the suit, filed in the U.S
District Court for the Western District of Oklahoma, could reach the
``multimillion-dollar level'' if it is granted class-action status.
``The product as it was manufactured was defective and as a result, injuries
occurred,'' Strong said. ``The duty of any manufacturer is to make products
that are safe for the purposes of what they are sold. We allege there has
been a breach of that duty.''
The suit claims that Baycol ``was defective at the time of its manufacture,
distribution and sale, and said medication was unreasonably dangerous to a
person taking the medication.''
Lilbert Sparks ``was administered Baycol for its stated purposes, and
subsequently died as a direct result thereof,'' the filing claims.
It also alleges that Bayer ``failed to adequately warn physicians, other
health-care professionals and consumers of the dangers'' of taking Baycol
and failed to inform the public of injuries or deaths related to the drug.
A spokeswoman for Bayer said the firm does not comment on matters of
litigation.
Industry watchers expect several lawsuits to surface in the fallout of the
Baycol withdrawal, just as lawsuits followed when diet drug fen-phen and
diabetes medicine Rezulin were pulled from the market.
A Florida woman has already filed a civil suit against Bayer, claiming
Baycol caused her muscle degeneration and chronic fatigue.