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: Drug Injury Watch

YAZ / Yasmin / Ocella Litigation: February 2011 Update

By Tom Lamb

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The Number Of Birth Control Lawsuits Filed Against Bayer Now Exceeds 6000

(Posted by Tom Lamb at DrugInjuryWatch.com)

The number of YAZ, Yasmin, and Ocella lawsuits filed on behalf of women who have developed a blood clot-related side effect, such as pulmonary embolism (PE) or deep vein thrombosis (DVT), as well as those who have had to undergo gallbladder removal surgery now exceeds 6000.

As of February 16, 2011 there were 5353 cases filed in MDL No. 2100 -- IN RE: Yasmin and Yaz (Drospirenone) Marketing and Sales Practices and Products Liability Litigation -- pending in the Southern District of Illinois (hereinafter "YAZ MDL").

As of January 1, 2011 there were 765 lawsuits file in the New Jersey "mass tort" consolidation -- IN RE Yaz, Yasmin, Ocella Litigation -- pending in the Superior Court of New Jersey, Law Division, in Bergen County.

This current number of YAZ / Yasmin / Ocella lawsuits filed against the Bayer defendants -- typically some combination of: Bayer Corporation; Bayer Healthcare Pharmaceuticals, Inc.; Bayer Healthcare, LLC; and, Berlex Laboratories International, Inc. -- is remarkable if you consider:

(1) Bayer said there were 1,100 lawsuits filed as of mid-February 2010 (one year ago); and,

(2) Bayer said there were 129 YAZ / Yasmin / Ocella lawsuits filed in the U.S. as of mid-October 2009.

As regards recent developments in the YAZ MDL, most of the Court's and the attorneys' attention is being paid to the the first trials which are scheduled to start in September 2011.

At the February 14, 2011 Status Conference convened by YAZ MDL Judge David R. Herndon the focus was on these early test cases, or "bellwether cases", set to begin in September 2011.  In particular, there were discussions about some discovery aspects -- document production and witness depositions -- pertaining to the YAZ MDL bellwether trials.  Further, we learned that:

... one bellwether case will be dismissed without prejudice. Defendants will be able to chose a replacement case. Defendant are working with plaintiffs on working on a mechanism to replace cases if they are dismissed....

We will continue to monitor developments in the YAZ MDL and provide periodic updates, here.

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Full post as published by Drug Injury Watch on February 16, 2011 (boomark / email).

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