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$2.1 Million Settlement in Baycol Lawsuit

BAYCOL CAUSES RENAL FAILURE AND DEATH

Baycol caused renal failure and death, plaintiffs claimed

Settlement: $2,104, 000

Case: Vivian Collins, Emir Hernandez; and Amelia J. Ceballos, individually and as Personal Representative of the Estate of

Court: U.S. District Court, District of Minnesota, MN

Judge: Michael J. Davis

Date: 4/9/2003; 12//6/2002; 11/11/2002

Link to PDF report

Plaintiff Attorney(s): Ronald S. Goldser, Zimmerman-Reed, PLLP, Minneapolis, MN; David Sampedro, Panter, Panter, & Sampedro, P.A., Miami, FL

Defense Attorney(s): Bradley D. Honnold, Shock, Hardy & L.L.P., Kansas City, MO; Peter Kramer, Shook, Hardy & Bacon, L.L.P, West Palm Beach, FL; Barbara Bolton Litten, Steel, Hector & Davis, West Palm Beach, FL

Facts & Allegations: plaintive 50 in Collins, 58 had a history of hyperlipidemia, hypertension, and peripheral vascular disease. In December 2000, She was prescribed .8 mg of Baycol, A Staten that is used to lower cholesterol. As a result of taking the drug, she began to experience fatigue, pain, and Progressive weakening of her hips and legs. On January 9, 2001 she was evaluated in the emergency room I’ve Jackson Memorial Hospital in Miami for those complaints.

Collins was diagnosed with acute renal failure and rhabdomyolysis. She was immediately given intravenous fluids to compensate for the influx of extracellular fluid that occurs with rhabdomyolysis.

Collins was then admitted to the intensive care unit and underwent placement of a femoral catheter for hemodialysis. Her acute renal failure and rhabdomyolysis we’re treated with hemodialysis every other day. Despite the treatments, her condition did not improve.

On February 9, Collins underwent a muscle biopsy. She required continuous ventilator support, and a tracheotomy was performed to facilitate long-term mechanical ventilation. She continued on vasopressors to maintain cardiac output and was transfused with red blood cells.

On the 13th date of admission, Collins began to show some improvement in oxygenation. She remains in intensive care for 26 days and continued dialysis it was on a ventilator during this time. She was then transferred to the general medical floor. On or about April 9, 2001, plaintive Hernandez, 62, also begin taking Baycol. As a result, he claimed that he began to experience symptoms of fever and dizziness. His symptoms became progressively worse and he started to experience back pain is so severe it prevented him from walking. On May 25, 2001, he was taken to the emergency room at Baptist Hospital in Miami, where doctors noted profound elevations of CPK, SOOT and SGPT, enzymes normally present and liver and heart cells.

He was diagnosed with acute muscle weakness due to statin use and rhabdomyolysis was immediately admitted to Baptist Hospital, where he stayed for 28 days.

On or about July 3, 2001, plaintiffs descendent Palmira Rodriguez, 83, began taking.4 MG of Baycol. Rodriguez soon complained of fatigue and muscle weakness to her primary care physician, who then admitted her to Mercy Hospital. Here weakness began in the lower extremities and progressed to the point that she was unable to stand by herself. Lab tests and an MRI were ordered.

By August 4, she was found to have early renal failure and rhabdomyolysis with progressive worsening of her renal functioning. She required large amounts of fluid and was transferred to the ICU for aggressive treatment however, her condition worsened. Shortly after being placed on dialysis, she experience respiratory arrest, after which she was resuscitated and placed on a ventilator.

Rodriguez died on August 5, 2001. Her final diagnosis was renal failure; secondary rhabdomyolysis, secondary to Baycol; and cardiac respiratory arrest.

Collins, Hernandez, end Rodriguez estate and daughter sued they are AG., SmithKline Beecham Corp. operating as Glaxosmithkline, and Glaxosmithkline PLC for products liability, claiming that they call was defectively designed and manufactured. Plaintiffs attorney Davidson Pedro said that due to the settlement, the experts did not reach final opinions regarding the specific design and manufacturing defect at issue.

The defendants denied liability and claimed that the bait call medication was not effectively designed or manufactured as required under section 402A of the restatement of torts. All claims settled before trial.

Injuries/Damages death

Collins is no longer a self-sufficient woman. She cannot drive or enjoy time with her grandchildren. Her legs are weak and she experiences severe pain when walking, so much that she uses a cane to walk the length of her home. Her arms are also weak and she finds difficulty in performing regular household duties. She also experiences severe vision problems.

Collins’ social life has been dramatically limited and she relies on her pastor and family for transportation to church.

In addition to the physical injuries, Collins suffers cognitive impairment and becomes frustrated and saddened by her inability to perform ordinary household tasks. She continues to suffer a substantial loss of enjoyment of life as a result of Baycol.

Hernandez experiences symptoms of fever and dizziness. His symptoms progressively worse and he began to experience weakness and back pain so severe he could hardly walk. Fortunately, he recovered and did not have any other significant complications thereafter.

Rodriguez suffered renal failure, cardiac respiratory arrest, and rhabdomyolysis before passing away. Her treating physicians claimed that Baycolwas the proximate cause of her demise.

Result: Collins settle for $830,000 on Nov. 11, 2002.
Hernandez settled for $375,000 on Dec. 6, 2002
Rodriguez’s estate and daughter settled for $899,000 on April 9, 2003.

Experts: None reported

Editor’s note: Defense counsel did not respond to a faxed draft of this report or a phone call.

Panter, Panter & Sampedro

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