1
2
3 UNITED STATES DISTRICT COURT
4 DISTRICT OF CONNECTICUT
5
6 ANITA YOUNG, INDIVIDUALLY AND AS ) Civil Action Number 3:01CV 1783
REPRESENTATIVE OF THE ESTATE OF )
7 CHARLES YOUNG, ))
8 Plaintiff, ))
9 v. ) AMENDED COMPLAINT
)
10 BAYER, A.G.; BAYER CORPORATION, a )
wholly owned subsidiary of BAYER A.G.; )
11 SMITHKLINE BEECHAM d.b.a. ) DEMAND FOR JURY TRIAL
GLAXOSMITHKLINE and )
12 GLAXOSMITHKLINE plc, ))
13 Defendants. )
_____________________________________ )
14 )
15 I. INTRODUCTION
16 Plaintiff Anita Young, widow of Charles Young brings this Civil Action on her
17 behalf and on behalf of the Estate of Charles Young for damages as a result of his death.
18 died as a result of ingestion of the cholesterol-reducing drug marketed in the United States
19 name BAYCOLŽ ("Baycol") generically known as cerivastatin sodium. Baycol has been linked to
20 more than 53 deaths worldwide. Rhabdomyolysis is a condition that results in the breakdown
21 tissue and the resultant release of muscle cells into the bloodstream, which can cause severe
22 and liver damage. Upon the submission to Food and Drug Administration by defendants, Baycol
23 first approved for marketing in 1997. It was introduced to the market in early 1998, and
24 an ultra-low dose drug. Thereafter, Defendants increased the available dosages, and promoted
25 despite adverse events associated with ingestion and use of the drug of which they were
26 August 2001, Defendants finally withdrew Baycol from the market, releasing information about
27 strong association between the use of Baycol and rhabdomyolysis. However, the withdrawal from
28 market came far too late for Plaintiffs' decedent, who died on May 24, 2000, as a result of
the drug.
1 II. PARTIES
2 1. Plaintiff Anita Young is a resident of California, where she lived
3 decedent, her husband, Charles Young, until his death on May 24, 2000.
4 2. Defendant Bayer A.G. is a global diversified chemical company with
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17 behalf and on behalf of the Estate of Charles Young for damages as a result of his death.
19 name BAYCOLŽ generically known as cerivastatin sodium.
20 more than 53 deaths worldwide.
Rhabdomyolysis is a condition that results in the breakdown of muscle
21 tissue and the resultant release of muscle cells into the bloodstream, which can cause
Upon the submission to Food and Drug Administration by defendants, Baycol was
24 an ultra-low dose drug.
25 despite adverse events associated with ingestion and use of the drug of which they were
26 August 2001, Defendants finally withdrew Baycol from the market, releasing information
marketing and sales of pharmaceuticals including Baycol comprise more than 30% of Bayer A.G.'s
exception of the United States) under the trade name Lipobay.
15 Bayer Corporation and was manufactured by Bayer A.G.
19 Distribution and Administration departments are headquartered in West Haven,
GlaxoSmithKline plc acquired Glaxo Welcome plc and SmithKline Beecham
Bayer Pharmaceuticals' Sales, Marketing, Distribution and Administration
26 HDL cholesterol and triglycerides by inhibiting a certain liver enzyme necessary to the
15 Drug Administration to market Baycol in the United States at doses of 0.2 and 0.3 mg.
22 suffers acute damage.
13 FDA granted approval to market a 0.4 mg dose,
10 gemfibrozil to improve the balance of triglycerides and LDL,
by proper warnings to physicians and the medical community regarding all possible adverse
12 defective in design or formulation, in that, when it left the hands of the manufacturer
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