First Trasylol Lawsuit Scheduled to Begin January 2010 Despite Delays
Published: March 19th, 2009 • Comments: 10
Although the Court granted a joint motion to delay the discovery schedule for Trasylol lawsuits consolidated in an MDL in the U.S. District Court for the Southern District of Florida, the first trial date remains scheduled to begin on January 18, 2010.
The Plaintiffs’ Steering Committee and the various Bayer Defendants, filed a motion on March 11, 2009, asking the court for a roughly 30 day delay in certain deadlines for generic fact discovery, expert witness discovery and case-specific discovery. However, the requested delay did not affect the deadlines for submission of pretrial motions, selection of the first cases that will go to trial or any trial dates.
In an order issued March 16, 2009, U.S. District Judge Donald Middlebrooks granted the parties’ motion to modify the discovery schedule. Despite the delays, the deadline for selection of the first “bellwether” trial cases will stay at November 3, 2009, and the first Trasylol lawsuit trial remains scheduled to begin on the third Monday in January, 2010.
Trasylol, also known as aprotonin, was an anti-bleeding drug sold by Bayer, which was pulled from the market in November 2007.
The drug was administered to control bleeding and reduce the risk of a blood transfusion during cardiac bypass surgery. However, many patients who were given the drug suffered kidney failure requiring dialysis after their surgery and studies established that Trasylol side effects significantly increased the risk of death.
According to a February 2008 report on CBS Television’s 60 Minutes, approximately 22,000 deaths could have been prevented between January 2006 and November 2007 if the Trasylol recall had been issued when information about the potentially fatal side effects first surfaced.
Comment by Diane on 22 May 2009:
My husband was given Trasylol during open heart surgery in 2000 and went down hill from there ending up on dialysis and then died Jan.2009. I have since finding out about the drug removal I have filed a lawsuit.
Comment by Carrie on 17 September 2009:
Our mother also died (Nov. 2007) 2 months after her heart surgery (she never came home from the hospital). We watched her go through hell and never recover from waht is a relatively “routine” surgery these days.
My understanding was that this drug was temporarily pulled from the market. I would like to see that Bayer can never profit from selling this drug again at the expense of peoples lives. These are my opinions.
Comment by it_who_you_Know on 6 October 2009:
Well Most Doctor Don’t take half the meds they give us I Know Got 2 kin folks Doctor’s Something they can’t tell us like a carsaleman After Open
Heart only thing on their mind is paper work an call wife for WHAT for
Dinner See I Done Had 2 Open Heart I was in the ICU Bed while Doctor
in hall way Talking to Co-Worker about how many He lost on the Table
God know I wish it was something Could be done yes even to my folks
too if you Suit Them They Move To Another office that is that Bayer Still pay the Doctor to PUSH their New Meds and give them free trip / Dinner
The Big Ruth Chris Steak House Dinner some bring to Office Eye your Eyes ans ear’s Doctor Dream about More New Meds coming the more MONEY for them and their Family ASK some of the Rn’s ya know
Comment by charity on 3 December 2009:
Bayer should have to pay for these lives. Sitting back just watching our loved ones go through hell just as Carrie says. Its true my grandmother passed in Jan 2006 with the exact same symptoms after heart surgery. She was in great health prior to the surgery and never came home!!! Suffering from 2 heart attacks and kidney failure along with other things she never had before the surgery.
Comment by Sharon on 15 December 2009:
Devastating information regarding my husband’s death approximately 10 years ago. My daughter brought me a folder of information she has been gathering regarding Trasylol after hearing a segment on 60 Minutes; stating “if you don’t look into this I will”…
My husband died 3 days after open heart surgery replacing a valve in 1999 from acute renal failure and heart failure. Going into surgery he was healthy with the surgeon & cardiologist reassuring us that there would be a positive outcome.
I followed my daughter’s prompt to investigate, as when he died at the age of 54, I was in shock & denial. Yes, in fact he was given a one-time dose of Trasylol resulting in death. Since I got this information on 10/18/09, supported it with his death certificate, hospital records and autopsy report I tried to contact a local attorney. The 1st attorney stated that the statute of limitations is two years in the State of Colorado (8/1999-8/2001). The 2nd attorney stated that the statute of limitations would be 2 years after it became public knowledge (6/2006-6/2008). I contacted yet a 3rd attorney 10/30/09; stating she would get back to me by 11/2/09 with more concrete information. To my suprise she did get back to me and said that they had just reviewed this last week and that the last day anyone from Colorado could file suit was 11/5/09 and gave me an attorney to contact. My husband’s case was legally filed 11/4/09…
I was questioned by the attorney what I expected to result out of this… My comment was the two things I can’t have! 1) My husbands’ life back as I have never been able to move on without him. 2) I would hope that due to Bayer’s emphasis on financial gain rather than life itself, would result in them never making another dime even on an ASPRIN!
I work in the medical field; this is a hard pill to swallow!
Comment by Tom on 18 December 2009:
I too was given this drug during cardiac surgery in 2002, I suffered kidney failure, and 2 strokes which left me with 1 paralyzed arm and a really weak leg, I too went through the statute of limitations concerns from 2 attorneys and then found the 3rd one who said due to the discovery rule I could still file.
Comment by Michelle on 25 December 2009:
My mother was given this drug & 3 days later suffered both a stroke & kidney failure. She lost feeling on 1 side & was put on dialysis 3 times a week. She never came home either. She was moved from 1 hospital to another for almost a year until she passed away. She suffered not only physically but emotionally. One of the hospitals she was at was over 2 hours away from her family. I hope that Bayer is held accountable & that the voices of the families of the people who suffered or are no longer with us will be heard.
Comment by Jean on 15 January 2010:
My mother also was given Trasylol after heart surgery. She went in the hospital for a simple test on her heart. She only took one asprin a day and a multivitimin. We, (my sister and myself) was told she had to have immediate open heart surgery. She suffered a stroke, heart attack, and kidney failure immediately after the surgery. We brought her home on Hospice. She lived three years off and on hospice and in and out of hospitals, but never was able to live her joyful life. My mother had lived with me from 1975 until 2008.
I had the best mother in the world. I hope Bayer is held accountable for all the families it has hurt. Nothing can fill the void left from such a loss.
Comment by Jamie on 19 January 2010:
Yes, my father died 6 yrs ago today.. 48 hrs after his valve replacement surgery he was placed on dialysis due to kidney faliure. the dr said that “sometimes this just happens”.. Well we brought him home and 2 days after being home he died of cardiac arrest.. Passed 1.5 yr after my mom and only 4 mths b/f my wedding.. I’m an only child, and had my father taken away from me.
Comment by LONNE on 10 February 2010:
MY HUSBAND WAS GIVEN TRASYLOL DURIN G TWO OPEN HEART SURGERIES. ONE IN 2003 AND THE SECOND IN JANUARY 2005. AFTER THE FIRST VALVE REPLACEMENT HE HAD SLIGHT KIDNEY PROBLEMS, BUT IT RESULTED IN A SECOND TRIPLE BYPASS SURGERY. TWO DAYS AFTER HE CAME HOME FROM THE HOSPITAL, HE WENT INTO COMPLTE RENAL FAILURE. FROM THEN ON HE HAD HIS COLIN BURST INTO IS INTESINES AND HAD EMERGENCY SURGERY THAT THE DR. THOUGHT HE WOULD NOT SURVIVE. BUT HE DID ONLY TO BE BACK IN THE HOSPITAL FOR BLOOD CLOTS IN THE LUNGS, A STROKE THAT RESULTED IN PERMAN ANT BLINDNES IN ONE EYE. HE HAD 2 EXPERIMENAL SURGERIES TO REPAIR THE DAMAGE, BUT THEY WERE UNSUCCESFUL. HE WAS IN HE HOSPITAL MORE THAN HE WAS HOME. THIS LASTED FOR 9 MONTHS. HE SUFFERED SO MUCH. THE DIALYSIS WAS DIFFICULT. OUR SON WS A PERFECT MATCH FOR A KIDNEY TANSPLANT, BUT IT WAS TOO LATE. HE PASSED AWAY I SEP. 2005 I HAVE FILED A MASS ACTION LAW SUIT AGAINST BAYER. I TRIED TO SUE TH DR. & HOSPITAL BUT WAS TOLD THE STATUTE OF LIMITATIONS HAD RUN OUT. THE DR. AND HOSPITAL ;GOT OFF SCOTT FREE.