Baycol Product Liability Litigation - 01-MD-01431

This multidistrict litigation consists of over 1,000 cases currently pending before this Court. Several cases are also pending in various state courts. These cases involve allegations concerning a medication generically known as Baycol (also known as Lipobay, Cholstat or Cerivastatin). Baycol was commonly prescribed to aid in lowering cholesterol and triglycerides. It is within a class of drugs referred to as "statins", which are commonly prescribed for high blood pressure and heart disease. The plaintiffs allege that Baycol caused rhabdomyolysis, a disease which causes damage to muscle, kidney failure or other injuries. Baycol has been linked to over 100 deaths. It was withdrawn from the market in August 2001.

Plaintiffs allege that Defendants Bayer AG, Bayer Corporation, Glaxosmithkline plc and Smithkline Beecham d/b/a/ Glaxosmithkline tested, marketed, distributed, promoted and sold Baycol.

The Judicial Panel on Multidistrict Litigation determined that the Baycol cases filed involved common questions of fact, and that centralization of the Baycol cases was appropriate. Based on a number of factors, the Judicial Panel determined that the District of Minnesota was an appropriate forum. All Baycol cases were then ordered to be transferred to the District of Minnesota, and assigned to the Honorable Michael J. Davis to coordinate discovery and other pretrial matters. Subsequent Baycol cases filed in federal court will ordinarily be transferred to the District of Minnesota and become part of MDL No. 1431 as a "tag along" case. Once discovery and other pretrial matters have been concluded, the cases that constitute MDL No. 1431 shall be transferred back to the district in which the case was originally filed, for trial or other proceedings.

Change in Electronic Filing/Service - October 24, 2005

Beginning on Monday, October 24, 2005, when a party to this Litigation wishes to file a document with the Court and to serve a document on attorneys of record, that party shall do so by the procedure set forth in Pre-Trial Order No. 143. Please read the attached notice explaining the new procedures in place for electronic filing and service as of October 24, 2005.

The Liaison Counsel contact for Electronic Service for the Baycol Multi District Products Litigation is:

Deanna Dailey
Larson King, LLP
2800 Wells Fargo Place
30 East Seventh Street
St. Paul, MN 55101
651-312-6577

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MDL Judge(s)

Sr. Judge Michael J. Davis

Current Developments

Current Developments:

Last Updated: April 16, 2010

April 16, 2010

Motion to Dismiss in the Laurie Simpson v. Bayer Healthcare 08-5758 at 10:00 a.m. in Courtroom C227, Hale Boggs Courthouse, Eastern District Court of Louisana. The next status conference will be held onApril 26, 2010 at 1:30 p.m. in Courtroom C227, Hale Boggs Courthouse, Eastern District Court of Louisana.

October 2, 2008

A status conference will be held on November 12, 2008 at 9:00 a.m. in courtroom 15E, US Courthouse, Minneapolis.

November 2, 2007

A status conference will be held on December 17, 2007 at 10:00 a.m. in courtroom 14E, US Courthouse, Minneapolis.

January 30, 2007

A status conference was held on January 30, 2007. The parties reported to the Court that the number of active cases is approximately 1,200, down from 9,100. The Defendants have settled 3,067 cases with a total value of $1,154,343,835. The Court has also issued an Order, PTO 156, which established a schedule for the completion of Phase III and IV discovery, and a procedure and schedule for recommendation of remand of cases transferred to this MDL.

Daubert motions were argued on January 30, 2007, and taken under advisement.

November 29, 2006

A Committee has been created, which will be chaired by Magistrate Judge Susan Richard Nelson, to address issues revolving around the termination of this MDL proceeding, including remand procedures to transferor courts.

February 9, 2006 at 9:00 a.m.

Motions Hearing on Defendant's Motion for a Protective Order and Plaintiff Lucke's Motion to Remand. The hearing will be held in Courtroom 14E, United States Courthouse, 300 South Fourth Street, Minneapolis, Minnesota

Status Conference Audio - December 19, 2005

Audio files from the December 19, 2005 Status Conference are now available.

Change in Electronic Filing/Service - October 24, 2005

March 2005

The Court has issued PTO No. 138 - which stays enforcement of PTO Nos. 114, 127 and 131. Accordingly, until further Order of this Court, plaintiffs need not comply with deadlines set forth in PTO Nos. 114 or 131 regarding case specific expert report and other documentation, nor will cases be categorized under PTO No. 127.

December Status Conference Cancelled

The Status Conference originally scheduled for December 21, 2004 has been cancelled.

April 2004

PTO 114 issued in March 2004 for the purpose of promoting the fair and efficient administration of the Baycol litigation. To effectuate this purpose, the Court determined that it was necessary to: supplement discovery; identify, evaluate and categorize the claims of those plaintiffs who have and those who do not have factually and legally sufificient support for their alleged claims and injuries or damages; review available medical documents and submitted expert reports; expand the pool of cases for potential trial in this MDL; further develop an efficient and effective settlement and mediation program and prepare cases for remand to the transferor court. PTO 114 instituted supplemental discovery procedures and deadlines that require plaintiffs to either submit case-specific experts by a certain date, or to serve other documentation highlighting evidence supporting the plaintiff's claims, followed by a case-specific report 120 days later. The claims of plaintiffs that do not comply with the supplemental discovery obligations of PTO 114 may be dismissed with prejudice.

March 4, 2004

The Cases Report by Law Firm, Cases Report by Filing Date and on-line docket sheet information can now be accessed in ECF/PACER.

October 17, 2003

The Court issued a pretrial discovery plan and a trial order for Minnesota Plaintiff Resident cases, with a trial date certain set for June 7, 2004.

July 17, 2003

The Court issued a plan for the management of discovery, the selection of cases eligible for trial, and pretrial procedures.

March 5, 2003

The Special Master has issued a report which contains the audit and review procedures for the Common Fund Assessment. The report can be found under the Reports link.

January 23, 2003

The next status conference is scheduled for Friday, February 7, 2003 at 9:30 a.m. in Courtroom 14E, United States Courthouse, Minneapolis, Minnesota.

The March status conference is scheduled for Thursday, March 20, 2003 at 9:30 a.m. in Courtroom 14E, United States Courthouse, Minneapolis, Minnesota.

November 25, 2002

The December status conference in the above case will be held on Thursday, December 12, 2002, at 1:30 p.m. in Courtroom 14E, 300 S. 4th Street, Minneapolis, Minnesota.

November 12, 2002

The location of the November status conference has changed. The November status conference will now take place in the Ceremonial Courtroom located on the 15th Floor of the U.S. Courthouse in Minneapolis, Minnesota.

The agenda items that were to be addressed at the October status conference will be addressed at the November conference. Also, the Court will hear oral arguments on the issue of medical monitoring with respect to the pending remand motions in the Abrams, Benzuly, Hurt, Jensen, Jones, Knearem, Lester, Martinez, and Rizzo cases. The Court will also hear oral arguments with respect to the remand motions in the Pinkerman and Artall cases.

October 25, 2002

Due to the tragic death of Senator Paul Wellstone, the status conference scheduled for Tuesday, October 29, 2002, has been postponed until further notice.

October 18, 2002

On October 29, 2002, the monthly status conference in the above case will be held at 9:00 a.m. in Courtroom No. 1310 of the U.S. Courthouse, 1100 Commerce, Dallas, Texas.

The date of the November status conference has changed. The November status conference is now scheduled for November 21, 2002, at 9:00 in Courtroom 14E of the U.S. Courthouse in Minneapolis, Minnesota.

September 18, 2002

On September 19, 2002, the monthly status conference in the above case will be held at 10:00 a.m. in the Ceremonial Courtroom of the U.S. Courthouse, 601 Market Street, Philadelphia, Pennsylvania.

July 11, 2002

On July 11, 2002, the monthly status conference in the above case will be held at 9:30 a.m. in the courtroom of the Honorable Harry L. Hupp, courtroom 7, at the U.S. Courthouse, 312 N. Spring Street, Los Angeles, California.

June 6-8, 2002

On June 6-8, 2002 Judge Michael Davis will host the Baycol Litigation Conference on Federal/State Coordination in New Orleans, Louisiana. In attendance will be twenty-three of the state court Judges presiding over Baycol cases, as well as counsel handling Baycol cases in state and federal court. Agenda

March 27, 2002

Pursuant to Pretrial Order No. 11, dated March 25, 2002, the Court appointed Professor Roger Haydock as Special Master in this case. Professor Haydock is a law professor at William Mitchell College of Law, and has extensive experience serving as a Special Master in the District of Minnesota. To learn of Professor Haydock’s professional experience, please see his resume which can be accessed in the Contact page of this website.

March 4, 2002

The Court held the initial conference to address a number of pretrial issues, such as the identification and narrowing of issues of fact and law, coordination of related litigation, and management of disclosure and discovery. Prior to the hearing, the parties submitted to the Court proposed orders addressing Docket and Filing Procedures, Confidentiality, Preservation of Records and Deposition Guidelines. The Court reviewed the submissions of the parties, and signed Pretrial Order No. 4, 5, 6 and 7, which address the identified issues.

February 1, 2002

The Court held a hearing on the applications/nominations for positions as Plaintiffs’ Liaison and/or Lead Counsel. The Court has also accepted applications/nominations for a Plaintiffs’ Steering Committee. By Order dated February 1, 2002, the Court designated Plaintiffs’ Co-Lead Counsel, Liaison Counsel, Plaintiffs’ Steering Committee, and identified Defendant Lead and Liaison Counsel.

Contacts

U.S. District Court Staff

Plaintiffs' Co-Lead Counsel

Plaintiffs' Steering Committee

Plaintiffs' Liaison Counsel

Defendants' Bayer Lead and Liaison Counsel

Defendants' Glaxo Smith Kline Lead and Liaison Counsel

Special Master

Calendar

Last Updated: April 16, 2010

April 16, 2010

October 2, 2008

The next status conference will be held on November 12, 2008 at 9:00 a.m., in Courtroom 15E, United States Courthouse, Minneapolis, MN 55415.

November 2, 2007

The next status conference will be held on December 17, 2007 at 10:00 a.m., in Courtroom 14E, United States Courthouse, Minneapolis, MN 55415.

November 29, 2006

The parties' Daubert motions will be heard 9:00 a.m. on January 30 and 31, 2007, in Courtroom 14E, United States Courthouse, Minneapolis, MN 55415.

February 9, 2006 at 9:00 a.m.

December 19, 2005 at 9:30 a.m.