First Trasylol Lawsuit Scheduled to Begin January 2010 Despite Delays

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.

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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.

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31 Comments

  • margaretOctober 13, 2014 at 4:29 am

    I'm currently trying to retrieve my father's medical records after watching you Jennifer on the channel 7 Sunday program. Not sure but I have always been confused why my father at 51 had a heart transplant and 4 years later had a fatal heart attack. It never made sense to my sister or I. But as we are told that after 10 years his records may now not exist. I may never know if trasylol was the cau[Show More]I'm currently trying to retrieve my father's medical records after watching you Jennifer on the channel 7 Sunday program. Not sure but I have always been confused why my father at 51 had a heart transplant and 4 years later had a fatal heart attack. It never made sense to my sister or I. But as we are told that after 10 years his records may now not exist. I may never know if trasylol was the cause.

  • TrishaMarch 20, 2013 at 5:18 am

    My father was killed by Trasylol in 1978 . In Australia know one cares as it was covered up. So much proof, so little interest :(

  • JenniferMarch 20, 2013 at 2:01 am

    My Dad, David John Lloyd. Was a patient in the Royal Melbourne Hospital Australia on the 27th of May 1978 He had internal bleeding from a MVA and had a laparotomy for bowel surgery. And died 10.30 the next morning. My Mum was at the hospital as soon as she was notified that Dad was a patient. She was NEVER asked for consent to administer the drug Trasylol which gave Dad three heart attacks He pass[Show More]My Dad, David John Lloyd. Was a patient in the Royal Melbourne Hospital Australia on the 27th of May 1978 He had internal bleeding from a MVA and had a laparotomy for bowel surgery. And died 10.30 the next morning. My Mum was at the hospital as soon as she was notified that Dad was a patient. She was NEVER asked for consent to administer the drug Trasylol which gave Dad three heart attacks He passed away on the third. Mum was told we will never know the full extent of Dads brain injury, they told this to a grieving wife that was 3months off having Her Deceased husbands Fifth baby. I am a Theatre Nurse and as a result met a Professor that done a full analysis and report on how Dad really died. It was the fatal injections of Trasylol. Australia seems to have a blanket covering up how many deaths this drug has caused ver 20,000 since 1978. I also can't find any evidence that it was approved for use in Australia until early 1980's we only found this out in 2011. And it's proving very hard to get Anyone to listen. So if anyone reading this wants to hear it I have so much to tell..

  • CAN'T GET AWAY with it for LONGAugust 16, 2012 at 8:27 am

    DOCTOR being paid $200,000 from the pharmaceautical company and SOME OF YOUR ** attorney get more to try not to win your case it's true see if you can hear the meeting bayer has with doctor's and your, their attorney it will eat your mind up more... like a busboy hear them taking while eating out , some time they meet up in a park or fishing is their best place to talk about the deal.. LOOK UP al[Show More]DOCTOR being paid $200,000 from the pharmaceautical company and SOME OF YOUR ** attorney get more to try not to win your case it's true see if you can hear the meeting bayer has with doctor's and your, their attorney it will eat your mind up more... like a busboy hear them taking while eating out , some time they meet up in a park or fishing is their best place to talk about the deal.. LOOK UP all the meds they give us now and ALL THE MEDS. THAT KILLING people been around for year's Doctor PUSH the meds to pay their BILLS, and lawsuit who do your doctor work for??? you or yal ,Mirapex, MoistureLoc, Permax, ReNu Moisureloc, Tequin, Trasylol, Viagra and do they take all this new meds ? no they don't more Doctor get paid by Ins. company health Ins. now days they just love to give you new sample

  • terryFebruary 8, 2012 at 10:51 am

    yes most all doctor get free trip,hotel,BIG Big Rich dinner when they PUSH new meds on OUR Family,kids and their co=workers BAYER HAS KILL LOTS of People and will keep on killing more for years to come they give alot of money to the Big shot in Washington DC / it's lot's of VIP on there pay roll under the table ASK any one in your fanily that work at Hosp or Doctor Office

  • curtisApril 5, 2011 at 11:56 pm

    my dad ronald went in for heart &velve surgery then after lost 1 kidney after that it was all down hill, still can,t find out what is happing with the law suit. got a loyer but don,t here NOTHING.

  • LaurelNovember 22, 2010 at 3:45 am

    It was 5:00 AM, January 2, 2001, and we arrived at the hospital. My husband was scheduled for heart by-pass surgery. At 7:00 AM, he was on his way to the operating room. I was told to go to the "family" waiting area and that I would receive updates as to the progress of the surgery, etc. Yes, I did get updates. The nurse related to me on two different occasions that morning that everything wa[Show More]It was 5:00 AM, January 2, 2001, and we arrived at the hospital. My husband was scheduled for heart by-pass surgery. At 7:00 AM, he was on his way to the operating room. I was told to go to the "family" waiting area and that I would receive updates as to the progress of the surgery, etc. Yes, I did get updates. The nurse related to me on two different occasions that morning that everything was fine and that there were no unexpected problems. I was also informed that Rich would be in the recovery room before Noon. Well, none of the above was the case. At 12:30 PM the surgeon came to me and informed me that the next 24 hours were crucial. He further informed me that the by-pass surgery had been a success, "no problems". He was vague in his explanation of just exactly what else had happened. The next 12 hours were HELL. During that time, Rich was in and out of consciousness-- controlled by the medical staff. We were later told that at the onset of surgery he had had an adverse reaction to "SOMETHING", they did not know what and that he had to be revived on the operating table. After reviving him, they continued with the by-pass surgery and emphasized that the surgery was a total success. At 11:58 PM on 1/02/01, my husband died. AND, yes, he was given trasylol. His kidneys failed, he had a heart attack on the operating table, and he died 16 HOURS after being given TRASYLOL. We questioned the doctors and were so hopeful they had a logical explanation. There was none. We contacted two different law firms and were told that there was no evidence that the surgeons, doctors, anesthesiologist, medical staff were liable. We so desperately needed concrete answers to our many questions. No one had any answers. We now have the ANSWER. It was trasylol that took his life; my husband, my best friend, his family's child and brother, his sons' father, his grandchildren's grandfather, ETC, ETC. Rich was ONLY 60 years old. All of us have this huge void in our lives, ache in our hearts. It was so senseless. Bayer ... damn you!

  • JulieNovember 18, 2010 at 11:58 pm

    I have a similar story to all of you. My father had open heart surgery in May of 2007 and Trasylol was administered. He never made it out of ICU and died 53 days later. He did go into kidney failure, but it was 6 weeks after surgery. He was so weak and also had breathing problems. We filed with the class action lawsuit and our atty just informed us that it may be dismissed becuase kidney fail[Show More]I have a similar story to all of you. My father had open heart surgery in May of 2007 and Trasylol was administered. He never made it out of ICU and died 53 days later. He did go into kidney failure, but it was 6 weeks after surgery. He was so weak and also had breathing problems. We filed with the class action lawsuit and our atty just informed us that it may be dismissed becuase kidney failure usually happens immediately after being administered the drug. Also, on the death certificate, the coroner stated cause of death was sepsis, respitory failure, and renal failure. They are trying to say that his renal failure was not caused from the medication. I have looked and looked and cannot find any info on experts on the topic. Anyone have a similar situation or any recommendstions of new atty?

  • BuddyNovember 15, 2010 at 10:12 pm

    I was given Trasylol March 2007 and spent 163 days in hospital. I had several dyailsis and was on life support 5 times. My kidneys seem to be functioning I still cannot work or exercise Iike I should.

  • MattNovember 14, 2010 at 9:19 pm

    i had open heart surgery in january 2007. i had a stroke exactly 1 week later. i have filed a law suit but now my lawyers are saying there is not enough evidence that raysolo causes strokes. i have no feeling in my left arm or leg 60% of the right hemisphere of my brain is dead now. bayer is going to keep making millions off our pain. I feel there is no justice in america and no God now. God would[Show More]i had open heart surgery in january 2007. i had a stroke exactly 1 week later. i have filed a law suit but now my lawyers are saying there is not enough evidence that raysolo causes strokes. i have no feeling in my left arm or leg 60% of the right hemisphere of my brain is dead now. bayer is going to keep making millions off our pain. I feel there is no justice in america and no God now. God would not allow Bayer to make so much money off a drug so terrible.

  • JaneNovember 7, 2010 at 2:55 pm

    Does anyone know how Middlebrook is dealing with Statute of Limitations in California or in any state. My understanding is Bayer is literalaly getting away with murder despite having commited fraud. I need a case number from someone who has had a motion for summary judgment against them for Statute of limitations so I can look it up. Please advise. Thanks. We all hate Bayer and I agree that t[Show More]Does anyone know how Middlebrook is dealing with Statute of Limitations in California or in any state. My understanding is Bayer is literalaly getting away with murder despite having commited fraud. I need a case number from someone who has had a motion for summary judgment against them for Statute of limitations so I can look it up. Please advise. Thanks. We all hate Bayer and I agree that they should not be allowed to continue as a corporation. What they did was criminal. We want justice and we want adaquate reparations.

  • MaryPatOctober 7, 2010 at 1:07 pm

    Does anyone know how Judge Middlebrooks is treating the statute of limitations for wrongful death if you are considered a Florida resident?

  • ElizabethSeptember 20, 2010 at 6:02 pm

    My Mother had a valve replacement in June 2006. The head of anesthesia was also the head of the research department. Dr. Levy was paid by Bayer to be a spokes person with the FDA. She went into kidney failure within 24 hours, and within 2 weeks multiple organ failure and death. Dr. Levy's anesthesia staff tried to say my mother had kidney disease and cirrhosis of the liver. All her pre-op tes[Show More]My Mother had a valve replacement in June 2006. The head of anesthesia was also the head of the research department. Dr. Levy was paid by Bayer to be a spokes person with the FDA. She went into kidney failure within 24 hours, and within 2 weeks multiple organ failure and death. Dr. Levy's anesthesia staff tried to say my mother had kidney disease and cirrhosis of the liver. All her pre-op test were normal. Dr. Levy being paid $200,000 from the pharmaceautical company and greed caused my Mother's death. Carma will get him!

  • TonyaJune 29, 2010 at 4:56 pm

    My daddy had kidney failure (among many other complications) after being administered Trasylol. If you have a similar story, please post it on this Facebook group: http://www.facebook.com/tonyag9#!/group.php?gid=112313155482567&ref=mf THANK YOU!

  • trishJune 13, 2010 at 9:55 am

    went in have open heart surgery this made 3 times had third time like die from Trasyloll was out for two months like die twice put on dialysis machine kidney faliure lost 130-64 pounds i woke up could not walk took while get back on feet from all of it .

  • KimMay 29, 2010 at 3:45 am

    My son was 14 in 2003 and going to the 9th grade, when he got sick a week before our vacation and needed a heart transplant. A boy that had never been sick in his life or knew what the inside of a hospital even looked like. The Dr. said he made it through the surgery of getting the mechanical heart placed and he believed he was going to make it,but within 24 hours his kidneys were failing, they [Show More]My son was 14 in 2003 and going to the 9th grade, when he got sick a week before our vacation and needed a heart transplant. A boy that had never been sick in his life or knew what the inside of a hospital even looked like. The Dr. said he made it through the surgery of getting the mechanical heart placed and he believed he was going to make it,but within 24 hours his kidneys were failing, they started dialysis and he never woke up. I kept saying why and maybe there was more I could have done, I'm a nurse, I'm sure there was something. Then I saw a commercial about Trasylol and I checked my sons medical records and they had used this drug during his surgery. So, is it possible, I could have watched my only son finish high school and graduate college, if only they had used a different drug? I truly miss my son.

  • ChuckMay 23, 2010 at 5:35 am

    Our lawyers told us the lawsuit started as scheduled, in January. My mother had valve replacement in 2003. Immediately after surgery, she went into renal failure. The surgeon, at a TOP heart center, told me he "fixed" her heart. The renal failure eventually led to a cascade of organ failure that finally killed her seven months later. She never came home in that whole time. The doctors wanted me to[Show More]Our lawyers told us the lawsuit started as scheduled, in January. My mother had valve replacement in 2003. Immediately after surgery, she went into renal failure. The surgeon, at a TOP heart center, told me he "fixed" her heart. The renal failure eventually led to a cascade of organ failure that finally killed her seven months later. She never came home in that whole time. The doctors wanted me to pull the plug on a woman who was talking to me daily and desperate to live and come home. I will never trust a doctor to tell the truth again. Just using a drug that is ten times more expensive that proven, cheaper alternatives is insane. It's a good part of why our health care costs are out of whack. I have never been llitiigus but this has me wanting justice very badly.

  • JeanetteMarch 26, 2010 at 2:10 pm

    How long does it take to feel normal after taking this stuff? I'm so miserable right now, I cry alot, my legs hurt, I'm exhausted all the time, not to mention the 25lbs I gained. I'm down to five milligrams from twenty with the help of a doctor

  • DebMarch 25, 2010 at 12:45 am

    My hip starting squeaking last night! Had it replaced just si xmonths ago.

  • JohnMarch 23, 2010 at 7:26 pm

    I also am concerned as Sharon is about the status of lawsuits involving oil sludge problems. It will be wrong for them to get away wit this.

  • SharonMarch 23, 2010 at 6:56 pm

    I would like to know if any cases have moved forward within the past 1-4 months? I see so much information on the innernet that I am not even confident if this is still alive and being persued as it deserves to be. Most current date I see is January 2010 and March 2010. Can anyone share the outcomes of any cases or most recent information rather than such broad based information?

  • LONNEFebruary 10, 2010 at 10:10 pm

    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 TH[Show More]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.

  • JamieJanuary 19, 2010 at 5:12 pm

    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.

  • JeanJanuary 15, 2010 at 8:01 pm

    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 a[Show More]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.

  • MichelleDecember 25, 2009 at 4:56 pm

    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[Show More]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.

  • TomDecember 18, 2009 at 9:39 am

    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.

  • SharonDecember 15, 2009 at 8:59 pm

    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 w[Show More]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!

  • charityDecember 3, 2009 at 12:36 pm

    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.

  • it_who_you_KnowOctober 7, 2009 at 3:40 am

    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 don[Show More]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

  • CarrieSeptember 17, 2009 at 3:01 pm

    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. [Show More]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.

  • DianeMay 22, 2009 at 7:14 pm

    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.

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