Case Report Hernandez $375,000

CASE REPORT / SUMMARY

1. Style of Case:
   
   EMIR HERNANDEZ, v. BAYER, A.G.; BAYOR CORPORATION A wholly owned subsidiary of BAYER, A.G.; SMITHKLINE BEECHAM CORPORATION, d/b/a GLAXOSMITHKLINE, and GLAXOSMITHKLINE, PLC.
   
   
2. Court and Case No.:
   
   U.S. District Court of Minnesota Case No.: MDL No. 1431
   
   
3. Trial Judge:
   
   Honorable Michael J. Davis
   
   
4. Trial Date
   
   Not set for trial
   
   
5. Plaintiff's Attorney
   
   David Sampedro, Esq., from the Law Firm of Panter & Panter, P.A. Charles S. Zimmerman, Esq., from the Law Firm of Zimmerman-Reed, PLLP Ronald S, Goldser, Esq., from the Law Firm of Zimmerman-Reed, PLLP Jennifer Sustacek, Esq., from the Law Firm of Zimmerman-Reed, PLLP
   
   
6. Defendant's Attorney
   
   Bradley D. Honnold from the Law Offices of Shook, Hardy & Bacon, LLP, in Kansas City, Missouri
   
   
7. Description of Liability Aspect of Case
   
   Products Liability. Plaintiff was prescribed Baycol 0.4 mg on or about April 9, 2001. Baycol is a statin which is intended to lower cholesterol.
   
   As a result of taking Baycol, Mr. Hernandez began to experience symptoms of fever and dizziness. His symptoms progressively worsened and he began to experience weakness and back pain so severe that he could hardly walk. On May 25, 2001, Mr. Hernandez was taken to the emergency room at Baptist Hospital in Miami and evaluated for complaints of significant weakness. While undergoing evaluation in the emergency room, it was noted that Mr. Hernandez had weakness in his upper and lower extremities and laboratory date revealed profound elevations of CPK at 19,540 and SGOT at 512 and SGPT at 349.
   
   Mr. Hernandez was diagnosed with acute muscle weakness due to statin use and rhabdomyolysis and admitted to Baptist Hospital. MR. Hernandez required aggressive IV hydration. His muscle weakness improved, on May 31, 2001 his CPK level measured 4,381, however, he was found to have abnormal liver functions and experienced fever which lead to infectious disease consult. Rhabdomyolysis is a very rare condition where serious muscle damage results in the release of muscle cell contents into the bloodstream. Individuals who develop this condition often have muscle aches and fatigue involving their calves, back and entire body. The pain may be accompanied by weakness, fever, nausea, vomiting and passing dark urine. If left untreated, rhabdomyolysis may result in kidney damage and other organ damage which can be fatal.
   
   Mr. Hernandez was discharged from Baptist Hospital after 28 days of hospitalization. He was instructed to follow up with his primary care physician. Fortunately, Mr. Hernandez did recover and did not have any other significant complication thereafter.
   
   
8. Description of Plaintiff
   
   The Plaintiff is Emir Hernandez, a sixty-two (62) year old man who resided with his wife, in Miami, Florida.
   
   
9. Description of Injuries
   
   Mr. Hernandez began to experience symptoms of fever and dizziness. His symptoms progressively worsened and he began to experience weakness and back pain so severe that he could hardly walk.
   
   
10. Treating Doctors
    
    Baptist Hospital
    Dr. Jose Alvarez, Jr., Cardiovascular Surgeon, 8950 SW 88 Street, Miami, Florida
    
    
11. Defense of this Claim
    
    Defendants denied liability and claimed that the Baycol medication was not defectively designed or manufactured as required under section 402(A) of the reinstatement of torts and reiterated in West v. Caterpillar.
    
    
12. Lost Wages
    
    Not applicable.
    
    
13. Expert Witnesses
    
    None.
    
    
14. Settlement
    
    The case was settled at mediation for $375,000.00