| Leverkusen (May 23, 2003)
Bayer denies the allegations, expressed in an article in the New
York Times, of
misconduct in the marketing of contaminated blood plasma products in the
mid-1980s. The
decisions of the former U.S. subsidiary Cutter, like those made by all other
providers of such
products some twenty years ago, were based on the best scientific information
available at
the time and the state of technology, and were consistent with the regulations
in place.
They cannot be judged retrospectively on the information available today.
After it had been discovered that it was possible for HIV to be transmitted by
these hemophilia
medicines, a new procedure was developed in which the virus was killed by heat
treatment. However,
there was initially great skepticism in the industry as well as among
scientists, physicians,
hemophilia societies, and patients about whether the heat treatment would also
compromise the
efficacy of the product. Once this concern had been cleared and the U.S.
authorities had granted
marketing approval, Cutter implemented the new procedure. Until that time,
however, it was not
possible to halt production of the untreated medicine despite the risks
involved, because the product
was vitally important for the patients' well-being. Production of the product
finally came to an end in
August 1984 and from June 1985 on, only heat-treated product was distributed.
The fact criticized by the New York Times in its article, that untreated
medicine continued to be sold
overseas while only the new version was available on the U.S. market, is due to
the registration
procedures of local authorities. Bayer was unable to market the treated product
before approval had
been granted, yet nonetheless had to ensure an uninterrupted supply of medicine
to hemophilia
patients.
Bayer therefore emphatically denies allegations that it deliberately exposed
patients in some
countries to the risk of infection with HIV. Bayer acted responsibly, ethically
and humanely at all
times. The infection of individual hemophiliacs was a tragic development that
could not, even with
hindsight, have been avoided.
In recent years, Bayer has repeatedly expressed its deep sorrow and sympathy to
those
hemophiliacs who were affected and the hemophilia community as a whole, and has
contributed to
compensation funds set up to help victims in various countries in which
arrangements were made.
Forward-Looking Statements This news release contains forward-looking statements based on current assumptions
and forecasts made by Bayer Group management. Various known and unknown risks, uncertainties, and other factors could lead to material
differences between the actual future results, financial situation, development or performance of the company, and the estimates given
here. These factors include those discussed in our public reports filed with the Frankfurt Stock Exchange and with the U.S. Securities
and Exchange Commission (including our Form 20-F).
The company assumes no liability whatsoever to update these forward-looking statements
or to conform them to future events or developments.
Contact:
Tricia McKernan Bayer Biological Products +1-(0)919/316-6316 E-mail: tricia.mckernan.b@bayer.com
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