Cerivastatin is the generic name for the drug’s brand name that goes by Baycol or Lipobay. It is a synthetic statin (a drug that primarily function is to lower cholesterol). The drug was eventually pulled off the market in favor of more efficient drugs (such as Lipitor), as well as being linked to rhabdomyolysis. Baycol has allegedly caused as many as 31 deaths during the time the drug was on the market and as many as 52 in post-market evaluations.

Individuals have tried to sue Bayer and it has taken about ten years for this to become a full-fledged class action lawsuit. As of 2011, the U.S. Supreme Court overturned a verdict that would allow Cerivastatin to be included in a class action lawsuit. The manufacturers of Baycol (Bayer) were under fire for selling a medication that is potentially fatal to the consumer. Bayer has already paid $1.7 billion in attempt to settle the claims that consumers.

The fault in this situation falls on Bayer and the manufacturers of Baycol. However, because of legal definitions that differed on the state and federal levels, it took some time before a class action lawsuit could be defined and a precedent set. Insiders in the company claim that Bayer willfully engaged in “deceptive marketing practices”.

Patients that were on this medication during the 90s and think that they may be at risk for rhabdomyolysis or know someone that died from the disease that was taking the drug, legal counsel should be looked into. Even if they did not suffer from rhabdomyolysis or any other complications, consumers who were sold this drug can still seek economic restitution. Rhabdomyolysis is a serious medical condition that attacks the skeletal muscle system. A combination of serious side effects is muscle pain/spasms and very dark urine.

Most law firms will offer a free evaluation and consultation to see if the individual qualifies for a lawsuit. In most qualifying cases, plaintiffs can reach a fair settlement from the manufacturer in exchange for confidentiality. Lawsuits like these are one of the few ways that protects the consumer and allows them to take action against companies that do wrong to the consumer. Patients who are being prescribed with the drug Baycol can consult their legal counsel immediately for advice on how to proceed.  Our defective drug attorneys at Zimmerman & Frachtman are capable of providing you with options of what to do next.