Bayer arrived at a settlement of Baycol claims on a national basis. The settlement arose out of an Ontario class action, and was restricted to only those people who had an elevated CPK test during the time they were consuming Baycol.
Ches Crosbie Barristers took a class action on behalf of everyone in Atlantic Canada who ingested Baycol and claims personal injury as a result. Our objective was to obtain a settlement of serious injury claims that do not qualify under the national "rhabdo" settlement.
The Atlantic Canada class action was transferred to Manitoba for trial. The objective was that all "non-rhabdo" cases would be dealt with in one national class action based in Manitoba.
The Baycol litigation in Canada was strongly conditioned by developments in the United States. In July 2007, the United States District Court seized with the matter gave an important decision which greatly restricted the possibilities for success for the "non-rhabdo" serious injury claims which we continue to represent after the Ontario settlement on behalf of "rhabdo" claimants. In the face of the very significant US ruling, we advised the representative plaintiffs in Newfoundland and Labrador that it was not feasible to continue with the national class action concentrated in Manitoba, on their behalf. They instructed us to discontinue, and the discontinuance was approved by the Manitoba court on November 16, 2007.
Ches Crosbie Barristers is proud to have represented members of the class who received compensation through the Ontario settlement.