Bayer is forced to release documents over withdrawal of cerivastatin
Charles Marwick Washington, DC
Pharmaceutical giant Bayer has, for the first time, been forced to release
confidential company documents to the US courts in a damages case over the lipid
lowering drug cerivastatin. The case, held in a Texan court, reveals just how
much the company knew about the problems with the drug before withdrawing it in
2001.
Bayer withdrew cerivastatin (marketed as Baycol in the United States and
Lipobay in Europe) from the US market and Europe in August 2001 and subsequently
in Japan because of an increasing number of reports to the US Food and Drug
Administration of rhabdomyolysisa rare disorder in which muscle tissue breaks
down and that can lead to organ failure and deathin patients who took the drug.
Until now suits for damages filed by patients who had been taking the drug
had been met by Bayer with settlements out of court. At least 7800 product
liability suits have been filed against Bayer and its British marketing partner,
GlaxoSmithKline. About 450 suits have been settled for sums ranging from $200
000 (£127 000; 185 000) to $1.2m, according to patients lawyers. In many
instances plaintiffs experienced no side effects. But Bayer says that 100 deaths
and 1600 injuries have been linked to use of the drug and that 700 000 Americans
and some six million patients worldwide used the drug.
Now, with the opening of the trial in Texas last week, for the first time the
issue is in open courtand with this comes the public release of documents
leading up to the August 2001 decision to withdraw the drug from the market. The
court is hearing a suit brought by a patient who developed rhabdomyolysis after
taking the drug. At Bayers request many of these documents remain sealed, but
the plaintiffs lawyers, arguing for punitive damages in addition to
compensation, are introducing some in court.
The plaintiffs lawyers argue that these documents show that Bayer was aware
of problems associated with Baycol since its approval by the FDA in 1997.
However, occasional adverse reactions often occur with a new drug, and although
these may be of concern they are not necessarily grounds for withdrawal. More
serious is a suggestion that not all adverse events were reported to the FDA,
but Bayer says it kept the FDA fully informed.
Complicating the issue is that some doctors prescribed cerivastatin along
with another lipid lowering drug, gemfibrozil, despite a warning from the
company that this could result in adverse reactions. A further complication is
that in July 2000 the FDA approved a doubling of the dose of the drug from 0.4
to 0.8 mg, because of a lack of efficacy at the lower dose. By the spring of
2001 the FDA noted a sudden increase in reports of adverse reactions with the
drug. This prompted discussions with Bayer and resulted in the companys
decision to withdraw cerivastatin from the market in August 2001. At the time 31
deaths were linked to the drug, 12 of them among patients taking it at the
higher dose, according to the FDA.
Statins are considered the first line of treatment for most patients with a
high serum cholesterol concentration. Statins block hydroxymethyl glutaryl
coenzyme A reductase, an enzyme involved in the synthesis of cholesterol. There
are five other statins on the US market, besides cerivastatin. The FDA says that
although the statins have been associated with cases of rhabdomyolysis,
cerivastatin was associated with significantly more deaths.
ALL INFORMATION, DATA, AND
MATERIAL CONTAINED, PRESENTED, OR PROVIDED HERE IS FOR GENERAL INFORMATION
PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS REFLECTING THE KNOWLEDGE OR OPINIONS
OF THE PUBLISHER, AND IS NOT TO BE CONSTRUED OR INTENDED AS PROVIDING MEDICAL OR
LEGAL ADVICE. THE DECISION WHETHER OR NOT TO VACCINATE IS AN IMPORTANT AND
COMPLEX ISSUE AND SHOULD BE MADE BY YOU, AND YOU ALONE, IN CONSULTATION WITH
YOUR HEALTH CARE PROVIDER.
"A foolish faith in authority is the worst enemy of truth."
-- Albert Einstein, letter to a friend, 1901
"I know of no safe depository of the ultimate powers of the society but the people themselves, and if we think them not enlightened enough to exercise control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education."
-- Thomas Jefferson, letter to William C. Jarvis, September 28, 1820
"What's the point of vaccination if it doesn't protect you from the unvaccinated?"
-- Sandy Gottstein
"Who gets to decide what the greater good is and how many will be sacrificed to it?"