Supreme Court Revives Baycol Class-Action Against Bayer

On Thursday, the Supreme Court unanimously agreed to revive a lawsuit against Bayer AG over its drug, Baycol. In 2001, the anti-cholesterol drug was withdrawn from the market following reports that it caused a severe and sometimes deadly muscle disorder.

Kevin Smith and Shirley Sperlazza, two West Virginia residents, had originally filed a class-action lawsuit against the drug’s maker, but the suit was thrown out by the 8th U.S. Court of Appeals after a federal judge refused to allow other West Virginians file a similar class action suits. The Supreme Court said this decision was incorrect, and as a result, the high court’s ruling on Thursday was in favor of Smith and Sperlazza, allowing their class-action lawsuit against Bayer to move forward.

The case: Smith v. Bayer Corp., 09-1205

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