A trial date has been set for May 2015 for all federal Yasmin and Yaz lawsuits that Bayer has not settled, according to court documents. While Bayer has agreed to pay more than $1.8 million in settlements pertaining to their controversial birth control pills, thus resolving more than 17,000 cases, several thousand cases remain unsettled, particularly involving patent foramen ovale injuries and arterial clots.
U.S. District Judge David R. Herndon acknowledged in a case management order issued on August 28, 2014 that it is time to prepare these cases for trial, scheduling the first case to be heard for May 4, 2015. Plaintiffs are alleging that the manufacturer failed to warn consumers and physicians of the risk of venous clot injuries, including pulmonary embolism and deep vein thrombosis.
Yasmin and Yaz Lawsuits Will Be Heard
There are an estimated 5,000 cases pending throughout the U.S. against the drug maker, and Bayer indicated in early 2014 that about half of those lawsuits involve claims of venous clot injuries which the company is willing to consider resolving on a case-by-case basis after it reviews the plaintiffs’ medical records.
Bayer has also stated that it is not willing to agree to a Lexicon waiver, which means that lawsuits can only be brought in front of Judge Herndon in the multidistrict litigation if the initial filing for the case was in the Southern District Illinois. According to Judge Herndon, it was the plaintiffs who withheld the Lexicon waiver to manipulate the bellwether process from the start of the litigation.
Despite Bayer’s decision to not agree with the trying of non-resident cases in the MDL, the Judge stated that the Court is ready to move the lawsuits forward. Plaintiffs claim that they suffered from arterial thrombotic events and patent foramen ovale strokes. The parties will pursue case-specific discovery in 40 lawsuits, and each side will be responsible for designating cases for specific categories, based on their body mass index and age, whether they were a prior smoker, whether they previously used an oral contraceptive, and based on the type of injury.
Attorney Group Can Help
If you or someone you love took Yaz and would like to learn more about your options, contact Attorney Group today. There’s no cost to receive an evaluation, and we can put you in touch with an affiliated attorney who can assist you with the legal process. Contact us today.
