The Kentucky Court of Appeals has ruled that a lawsuit by the Office of the Attorney General against drug company Bayer Corporation will proceed at the trial court level.
In two June 29 orders, the three-judge panel denied Bayer’s request to dismiss the AG’s lawsuit, currently in Franklin Circuit Court, that alleges the company improperly promoted a drug and violated a 2007 agreement with the Commonwealth.
“Bayer is essentially seeking an appeal before the trial court has had the opportunity to enter an order,” the three judges wrote in the decision.
The Franklin Circuit Court had previously denied Bayer’s motion to dismiss the suit, prompting Bayer to appeal that decision. Bayer also sought an order prohibiting the trial court from considering contempt charges and blocking the attorney general from amending its complaint. The Court of Appeals also denied those requests.
The AG’s office is alleging that Bayer misled consumers and doctors about the risks of its combined oral contraceptive drug, YAZ.
Attorney General Andy Beshear said the company’s alleged activity with YAZ violates a 2007 multistate settlement involving Bayer misrepresenting certain risks associated with its anti-cholesterol drug, Baycol. Kentucky’s 2007 settlement with Bayer said the company would not make any false, misleading or deceptive representation regarding any of its pharmaceutical products.
“We appreciate the ruling by the Court of Appeals that will allow our case against Bayer to move forward at the trial court level,” Beshear said. “We will hold Bayer or any company accountable who tries to mislead Kentuckians about its products.”