Court Rejects Effort to Revive Baycol Fraud, Medical Monitoring Class Action

CHICAGO - A state appeals court has affirmed a decision denying class certification in a Baycol purchaser and medical monitoring action, and has upheld an award of summary judgment to Bayer in the case. Jensen v. Bayer AG, No. 01-CH-13319 (Ill. Ct. App., 6th Div.).

The Sixth Division Illinois Court of Appeals issued the decision Feb. 2, holding that the Cook County trial court which rejected the class allegations correctly determined that they failed to assert valid claims for consumer fraud, breach of warranty and medical monitoring.

According to the decision, lead plaintiff James Jensen sued Bayer on his own …