Bayer’s Response to “Potential for Conflict of Interest in the Evaluation of Suspected Adverse Drug Reactions: Use of Cerivastatin and Risk of Rhabdomyolysis”

JAMA has invited this response from Bayer Corporation to the article authored by Psaty et al (the “Article”), which appears on page 2622 in this issue. Although the Article is presented as a scientific review of facts, sections are copied verbatim from a report submitted by the lead author in a US lawsuit in which he served as a paid expert for the plaintiff. Moreover, the Article’s conclusions are based upon selected exhibits from another lawsuit in which another author (Dr Ray) submitted a report for plaintiffs. Bayer won that court case (as well as the only other cerivastatin cases that have gone to trial). At least 2 of the authors continue to participate in lawsuits against Bayer. This response presents a more complete picture of the information available in the public record. It is submitted on Bayer’s behalf by one of its outside counsel because Bayer views the Article as the publication of a disputed position taken in ongoing litigation.