In connection with the recall of heparin products in the United States, approximately 740 lawsuits have been filed alleging that plaintiffs suffered various reactions to a heparin contaminant, in some cases resulting in fatalities. In June 2008, a number of these federal cases were consolidated in the United States District Court for the Northern District of Ohio for pretrial case management under the multidistrict litigation rules. In September 2008, a number of state court cases were consolidated in Cook County, Illinois, for pretrial case management, with the first trial, Johansen v. Baxter et al., occurring in June 2011. On June 9, 2011, a jury in the Circuit Court of Cook County, Illinois, awarded the estate of Mr. Johansen $625,000.
Baxter takes its responsibility for legitimate cases of harm very seriously. Both the CDC and FDA identified a well-defined and discrete set of symptoms potentially associated with heparin contamination. Baxter will vigorously defend claims that are not consistent with the definition established by public health authorities.