Baycol Claims Update
(Updated Oct. 1, 2004)
The Baycol MDL Mediation Program has begun in earnest for all cases in the MDL. We are in the process of submitting case specific expert reports required by Pretrial Order 114 (PTO 114),p which categorizes the claims based on type of injury and documentation of that injury. A compensable claim under PTO 114 requires documentation in the medical records of a serious, life-threatening condition called rhabdomyolysis or Baycol-related complications or injuries during Baycol use and that the physician stopped Baycol because of these complications. The cases will then be reviewed, and mediation will begin on those that meet the criteria established by the Court. Mediation will take place either in Minnesota or in Mississippi, depending upon the schedules of the mediators and the attorneys. Unfortunately, not every case will meet the criteria, and those cases will not proceed into mediation.
On August 5, 2004, we filed more than 90 new cases in various federal courts, which will be transferred to the Baycol MDL in Minnesota. Soon these Plaintiffs will be required to complete a Plaintiff’s Fact Sheet (PFS), which will be mailed to the clients in these suits. The PFS must be completed in full and returned to this office for processing and filing with the Court by December 6, 2004. Any plaintiff who fails to submit a PFS will have his/her case dismissed. Additionally, we will be required to submit a PTO 114 report on each of the newly-filed cases, and we are in the process of getting these reports done by our physician expert.
Additionally, we have 3 cases set for trial in 2005 in Mississippi state courts. We are in the discovery process on these cases and are preparing for hard-fought trials by Bayer. The first trial is scheduled for March, with the other trials scheduled in July and August.
ALL SHANNON LAW FIRM CLIENTS: It is imperative that we have current address and telephone information on each client. Clients are asked to notify us of any address or telephone changes immediately.
Clients with questions should put them in writing and e-mail them to dmottola@shannonlawfirm.com or mail them in regular mail to the Baycol Litigation Dept. at our address listed on this Web site.
