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ICBC • Lawyer • Vancouver • Injury • Disability • Claims

Bayer

Baycol case

On August 17, 2001 Hanson Wirsig Matheos was retained by Dr. Nata Bouchanskaia to commence a class action lawsuit on behalf of residents of British Columbia who ingested the drug known as Baycol.

Dr. Bouchanskaia claimed to have suffered adversely as a result of ingesting Baycol. Geraldine Bovard also retained Hanson Wirsig Matheos to pursue a claim against Bayer. She also claimed to have suffered adversely as a result of ingesting Baycol and contemporaneously was diagnosed with Baycol induced rhabdomyolysis Baycol is a member of a class of drugs known as statins.

These drugs are primarily used for the purpose of lowering cholesterol. They are also recommended for patients with hypertension or diabetes who are at high risk of cardiovascular events even if they have normal cholesterol levels.

The Statement of Claim was filed on August 24, 2001 and named Bayer Inc, the Canadian subsidiary of Bayer A.G. The lawsuit raised allegations of product liability against of the defendants in the manufacturing, marketing and distribution in Canada of the cholesterol-lowering drug Baycol.

The action was certified as a class proceeding on August 25, 2003.

IMPORTANT UPDATE

A settlement of this class proceeding has now been approved by the British Columbia Supreme Court. (A copy of the order can be found here).

The principal terms of the settlement include the following:

• the class definition will be narrowed from the earlier definition of those in British Columbia who ingested Baycol and as a result suffered rhabdomyolysis and family members (as defined in the Settlement Agreement) of such persons who have a derivative claim;


• the proceeding will remain certified for the following group:
"Class 1" shall mean all persons resident in British Columbia who ingested Baycol and contemporaneously therewith suffered from Rhabdomyolysis.

"Class 2" shall mean all persons including, but not limited to, executors, administrator, personal representatives, spouses and relatives who on account of a personal relationship to any one or more of those persons described in Class 1, assert a derivative claim for compensation.

• the defendants will pay compensation to class members who meet the eligibility criteria set out in the Settlement Agreement and exhibits. In particular, the Bayer defendants will pay compensation to those Class1 Members who ingested Baycol and who contemporaneously developed the medical condition rhabdomyolysis as defined in the Settlement Agreement. Class 2 members asserting estate claims will be similarly treated.

The amounts payable for compensatory damages will be determined in accordance with the grid contained in Exhibit "I" to the Settlement Agreement. Claimants will be able to advance claims for loss of income incurred as a result of their illness and treatment. Notice of this court approval will be published in the Vancouver Sun and Province in November. (a copy of the notice can be found here).

JANUARY 24, 2005 - DEADLINE TO OPT OUT

If you are a Class 1 Member and would like to exclude yourself from the Settlement, you can opt out by filing an Opt Out Form with the Claims Administrator no later than JANUARY 24, 2005.
(a copy of the opt out form can be found here).

APRIL 25, 2005 - DEADLINE TO REGISTER FOR SETTLEMENT

In order to claim for compensation under this Settlement Agreement, you must register with the Claims Administrator by APRIL 25, 2005.
(a copy of the registration form can be found here).

OCTOBER 25, 2006 - DEADLINE TO FILE CLAIMS FORM

Once registered, in order to qualify for compensation, you must complete a claims form and provide supporting documentation as required and outlined in the Form. The claims Form must be submitted to the Claims Administrator by OCTOBER 25, 2006.
(a copy of the claim form can be found here).

Counsel for the class were Hanson Wirsig Matheos, Branch McMaster and Joseph Prodor.