Jensen v. Bayer AG

Plaintiff, James Jensen, purchased and used Baycol, which his doctor prescribed to him to lower his cholesterol. Thereafter, defendant Bayer Corporation, manufacturer of Baycol, discontinued the marketing and distribution of Baycol. The plaintiff then brought an action against defendant on behalf of himself and later filed an amended motion for class certification. Plaintiff, in his motion for class certification, asserted claims sounding in consumer fraud, breach of implied warranty, and medical monitoring, regarding the manufacturing, marketing and sale of Baycol. The trial court denied…