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Bayer Faces Nearly 1,000 Trasylol Cases in Florida

By Jim Edwards | Oct 26, 2009

Bayer faces almost 1,000 lawsuits in a Florida federal district court regarding its anti-bleeding drug Trasylol, according to the docket in the case (1:08-md-01928-DMM).

While there have been sporadic reports in local media of people filing claims against Bayer alleging Trasylol contributed to renal failure, there has been little overall publicity to what is clearly a massive multi-district litigation effort going on in Judge Donald Middlebrooks’ Southern District federal court.

The above docket shows 952 cases. Not all of those are Bayer Trasylol cases, but the vast majority are. In addition, as BNET has previously noted, cases are being filed in state courts all over the country. They all allege something similar: That a patient went in for surgery, was given Trasylol to prevent bleeding, and suffered renal failure or some other complication as a result.

An anonymous source tells BNET:

Bayer now has close to a 1,000 lawsuits related to Trasylol (consolidated into federal multi-district litigation (MDL) in Florida), plus an unknown but not insignificant number in state courts. Many of these are expected to be dismissed due to the expected difficulty with proving causation. The first trial is expected in March next year.

Bayer has denied that Trasylol is more risky.

On the federal court’s system’s PACER web site, some of the cases have already been dismissed. But Bayer is still in the process of replaying to may of the complaints.

The litigation is so massive that plaintiffs no longer have to write their own complaints. They can use a short-form complaint that is only four pages long. Plaintiffs simply check the boxes on it to allege their injuries.

Jim Edwards, a former managing editor of Adweek, has covered drug marketing at Brandweek for four years, and is a former Knight-Bagehot fellow at Columbia University's business and journalism schools. Follow him on Twitter or send him an email.

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    Julia Here

    11/18/09 | Report as spam

    Over 1,000

    Many of the complaints filed in the Trasylol MDL court in Florida name more than one plaintiff, therefore there are many more than 1,000 plaintiffs suing Bayer. There are substantial numbers of cases filed in Pennsylvania, Connecticut and other state courts.

    The use of a "short form" complaint is irrelevant. This is merely an administrative convenience. The short form has been in use since there were only a handful of cases on file.

    It is not unusual for a handful of cases to be dismissed. This frequently happens when the plaintiff dies and the executors of his or her estate do not wish to prolong the probate process or there simply is no estate to probate. These dismissals are not indicative of a problem with the dismissed cases.

    Some of the plaintiffs allege injuries other than kidney failure, and those plaintiffs may have trouble proving causation. However, plaintiffs alleging kidney failure will NOT have trouble proving causation.

    Just because Bayer denies that Trasylol is risky does not mean they are telling the truth. In fact, plaintiffs specifically allege that Bayer has not been telling the truth since Trasylol first went on the market.

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