Insurer's Class Action Over Trasylol Dismissed

Law360, New York (July 30, 2009, 9:45 PM EDT) -- A judge has dismissed a health plan's proposed class action against Bayer Corp. over alleged fraud in the marketing of surgery drug Trasylol, saying the insurer failed to prove that Bayer harmed it with its alleged misrepresentations in selling the drug.

While some claims are reasonable at “first blush,” most claims in Southeastern Laborers Health and Welfare Fund’s suit against Bayer do not stand up to scrutiny, Judge Donald Middlebrooks said in an order filed Thursday in the U.S. District Court for the Southern District of...
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