IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT PENNSYLVANIA #
DIANE ROSENTHAL, on behalf of herself : Civil Action No. : ?\J $
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and all others similarly situated, i x,!<
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Plaintiff,
V. : CLASS ACTION COMPLAINT
: FOR INJUNCTIVE RELIEF AND
BAYER CORPORATION, A Division of : DAMAGES
BAYER AG, r
.
Defendant. : JURY TRIALDEMANDED
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Plaintiff, by and through her attorneys, alleges as follows:
SUMMARY OF CLAIMS
1. This is a class action brought on behalf of a nationwide class of all-persons who
have taken the statin drug Baycol (cerivastatin). This action seeks, among other relief, the
establishment of a medical monitoring program on behalf of all class members to ensure prompt
diagnosis and treatment for individuals exposed to the potentially life-threatening side effects
diseases caused by Baycol.
PARTIES
2. Plaintiff Diane Rosenthal is a resident of, and citizen of Palm Beach County,
Florida. Plaintiff has been damaged as a result of her Baycol use, and she has suffered an
increased susceptibility to injury and disease, including, but not limited to, rhabdomyolysis.
3. Defendant Bayer Corporation ("Bayer") is a wholly owned subsidiary of Bayer
AG, a corporation organized and existing under the laws of Germany. Bayer's principal place of
business in the United States is located at 100 Bayer Road, Pittsburgh, PA 15205, Upon
information and belief, at all times relevant hereto Bayer manufactured, promoted, marketed,
SNIPPETS:
IN THE UNITED STATES DISTRICT COURT
Plaintiff, by and through her attorneys, alleges as follows:
have taken the statin drug Baycol.
This action seeks, among other relief, the
increased susceptibility to injury and disease, including, but not limited to, rhabdomyolysis.
Defendant Bayer Corporation is a wholly owned subsidiary of Bayer
otherwise distribute in interstate commerce the product Baycol (cerivastatin).
Statins lower cholesterol levels by blocking a specific enzyme in the body that is involved
gemfibrozil, another lipid-lowering drug.
As part of its routine monitoring program, the has become aware of promotional material for
Reference is made to a Sales Aid, submitted under cover of Form FDA 2253.
The dissemination of this material by Bayer Corporation and/or their agents, violates the
Bayer has discontinued the marketing and distribution of all dosage strengths of Baycol.
According to the manufacturer, Bayer Corp., all of the deaths involved rhabdomyolysis, a
Bayer informed doctors and other health care providers of the safety-labeling change in a
The named plaintiff will adequately represent the interests of the members of the
members in the detection and treatment of injuries caused by Baycol.
and necessary health care, attention and services and did and will incur medical, health,
incidental and related expenses.
diagnosis and treatment of injuries and diseases which may result ~from using Baycol;
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