Bartlit Beck Wins Pennsylvania Medical Monitoring Case

September 2005

Bartlit Beck partner Phil Beck successfully defended Bayer in a medical monitoring case in Philadelphia.  The case was brought on behalf of a class of plaintiffs who took Bayer's cholesterol-lowering medicine Baycol more than four years ago but who did not suffer injuries while taking the medicine.  Plaintiffs claimed that they were entitled to medical monitoring because of an an alleged increased risk of developing certain diseases in the future.  After a two-day evidentiary hearing, the Court granted Bayer's Frye motion to prevent plaintiff's key expert from testifying.  The Court subsequently granted Bayer's motion for summary judgment.