California Supreme Court Reinstates Baycol Class Action Appeal

baycol2San Francisco, CA, March 1, 2011 — On February 28, 2011, the California Supreme Court reinstated claims on behalf of California consumers who purchased the cholesterol drug marketed under the name Baycol. The drug was marketed by Bayer Corporation from 1997 until 2001, when it withdrew Baycol from the market after data showing that the drug may be linked to serious muscle debilitating illnesses like Rhabdomyolysis, possibly leading to death. Any California resident who purchased Baycol should contact Green & Noblin, P.C. to discuss their rights in the matter.

The claims addressed by the California Supreme Court were asserted on behalf of California consumers who purchased or paid for the drug Baycol between February 1998 and August 2001. In earlier proceedings, the trial court dismissed all of the claims asserted against Bayer. Subsequently, the Court of Appeal reversed dismissal of the individual plaintiff’s claims on the ground that he had stated a viable claim for relief in the trial court, but dismissed the appeal with regard to the class claims brought on behalf of all similarly situated California consumers based on a finding that the appeal of those class claims was not timely made. The sum of the appellate decision was to allow the individual plaintiff’s claims, but not the class claims, to proceed.

The California Supreme Court, however, reversed the Court of Appeal decision and held that the Notice of Appeal of the claims of the class was indeed timely and should go forward. The Supreme Court’s decision clarifies an important point of law in class action cases for the lower courts and other litigants. The Supreme Court case is entitled, In re Baycol Cases I and II, Case No. S178320. A copy of the opinion is available here.

The case against Bayer is being prosecuted by Green & Noblin, P.C., with offices in San Francisco and Long Beach. Green Welling is a national class action law firm that represents plaintiffs in health care actions, antitrust cases and other consumer and securities matters. If you wish to discuss this action or have any questions concerning a potential class action, please contact us by please contact us by phone at (415) 477-6700 or by email at


Robert Green
Green & Noblin, P.C.
Tel. (415) 477-6700