| The
following settlement documents are in Adobe format (.pdf)
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Settlement Agreement
Appendix "A" Order - Certification and Settlement
Approval
Appendix "B" Order - Settlement Agreement - Quebec (to
be drafted)
** Appendix "C" Notice to Users of Baycol
Appendix "D" Method of Dissemination of Notice of Motion
for National Class Certification
Appendix "E" Notice to Users of Baycol (Quebec)
Appendix "F" Method of Dissemination of Notice of
Certification and Settlement Approval (Quebec)
Appendix "G" Notice of Certification and Settlement
Approval
Appendix "H" Method of Dissemination of Notice
Certification and Settlement Approval
**Appendix "I" Compensatory Payment for Non-Pecuniary
Damages
** Appendix "J" Claim Form
** Appendix "K" Out Out Form
** Appendix "L" Registration Form
** Updated as of January 4, 2005
History of the Baycol
Class Action Lawsuit
On September 4, 2001 Rochon Genova LLP commenced a
class action lawsuit against the manufacturers and
distributors of the prescription drug Baycol.
Baycol (generic name: cerivastatin) was withdrawn from
markets around the world, including Canada on August 8,
2001 because of growing concerns about rhabdomyolysis, a
serious adverse muscle reaction associated with the
drug.
Between February 18, 1998, when Baycol was first
approved in Canada, and August 24, 2001, 54 cases of
rhabdomyolysis, including 15 cases of acute renal
failure and two deaths were reported in Canada.
Health Canada instructed Bayer Inc., the Canadian
distributor of Baycol, to issue a Dear Healthcare
Professional Letter (DHPL) on July 16, 2001 and a Public
Advisory on July 25, 2001 to inform physicians,
pharmacists and patients about the risks of
rhabdomyolysis associated with Baycol. A second DHPL was
issued on August 8, 2001 advising healthcare providers
of the market withdrawal of Baycol.
The withdrawal of Baycol as a result of the increased
incidence of rhabdomyolysis has prompted questions as to
when the manufacturers of Baycol were first aware of the
serious side effects associated with the drug. In this
regard, the German magazine Der Spiegel reported on
August 13, 2001, that Bayer received a report that the
drug may have been a secondary cause in the death of a
patient who had taken the drug for a year and a half
before it was introduced to the market.
For further information regarding your legal rights and
the withdrawal of Baycol, contact Rochon Genova LLP at
1-866-881-2292. |
