Yaz / Yasmin Class Action vs. MDL Consolidation

Austin Kirk

By Austin Kirk
Posted October 2, 2009

ADD YOUR COMMENTS 13

A panel of judges ordered this week that all federal lawsuits over problems with Yaz and Yasmin birth control pills will be consolidated into an MDL, or multidistrict litigation, for pretrial proceedings in the Southern District of Illinois. Many people equate this with a Yaz / Yasmin class action, but each Yaz lawsuit or Yasmin lawsuit will remain an individual claim and if a settlement is not agreed upon during pretrial litigation, each plaintiff will still have a jury will determine the amount of damages they are entitled to in their case.

>>JPML LINK (PDF): Yasmin / Yaz MDL Order

Pursuant to 28 U.S.C. §1407, the United States Judicial Panel on Multidistrict Litigation can consolidate and centralize pretrial proceedings for related actions. The MDL process is designed to eliminate duplicative discovery that is common to many cases, avoid inconsistent pretrial rulings on similar issues and to serve the convenience of the witnesses, parties, attorneys and the judiciary.

In the Yasmin / Yaz litigation, there are currently at least 32 federal lawsuits pending throughout the United States in at least 9 different districts. However, all of the cases involve common allegations that Yaz or Yasmin, two similar birth control pills manufactured by Bayer that both contain the new progestin drospirenone, caused the plaintiff to suffer severe or fatal injuries, such as heart attacks, strokes, pulmonary embolism, deep vein thrombosis, gallbladder disease or sudden death.

Unlike a class action lawsuit, where a large group of people collectively bring one claim through a class representative, an MDL is the combination of a large group of individual claims for coordinated discovery and scheduling. In fact, this litigation will involve at least one Yaz class action suit among the individual cases, filed on behalf of a nationwide class of purchasers of the birth control pill who claim that compensation is owed as a result of false, misleading and fraudulent advertisements.

Although the Yaz and Yasmin lawsuits from across the United States will be centralized in an MDL for pretrial litigation, and the discovery will share many attributes with how a class action lawsuit over Yaz or Yasmin would be handled, the cases remain individual claims. Each plaintiff retains their own Yaz / Yasmin attorney and maintains the right to present their case to a jury in the district where the case was originally filed.

YASMIN / YAZ ATTORNEYS FOR INDIVIDUAL INJURY CASES

The attorneys at Saiontz & Kirk, P.A. represent women throughout the United States who have filed or intend to file a lawsuit over Yaz or Yasmin side effects, which Bayer failed to adequately research and warn about before aggressively marketing the birth control pill. Potential Yazmin and Yaz injury lawsuits are being investigated for women who have suffered:

To review a potential case with our Yas / Yasmin attorneys on behalf of yourself, a friend or family member, request a free consultation and claim evaluation.

13 Comments • Add Your Comments

  • Deanna says:

    I’ve taken YAZ for years and I think I’ve had some issues related to your lawsuit.

    Posted on October 11, 2009 at 9:57 pm

  • Dawn says:

    I was given Yaz Dec of 08 and stopped the pill May of 09. Now I have to have my gall bladder removed at the ripe young age of 30, because I have 10 9mm stones stuck in the tube of the gall bladder, but I also have ovaries full of cycts. November of 09 I am having my gall bladder removed and a partial hysterectomy. No where on the package was their anything as gall bladder discese or ovarian cycts. Do you think I would of taken it? Never heard about the pill until my gyno introduced it to me. Think I would of stuck to something a little more common had I known.

    Posted on October 15, 2009 at 4:09 pm

  • Jody says:

    I began taking Yazmin in Jan of 06 and the next few months I began w/ severe migraines. The migraines were never attributed to the birth control until I started to have stroke like symptoms and ended up the ER w/ a TIA (mini-stroke) in Oct of 07, in the event of a stroke they infuse you w/ a drug called TPA which is a blood thinner and I had a reaction to that as well in went into shock. As I lay in the ICU for 2 days they came up with the verdict that this may have all been caused by the birth control Yazmin. I was told that this was a rare occurance and never really went to see an attorney or anything, but now I don’t seem so rare. I also had to get a tubal because I could not risk having anymore children. So here I am at the ripe age of 29 w/ severe migraines, 1 child and the thought of could this ever happen again to me or others.

    Posted on November 1, 2009 at 8:26 pm

  • beth says:

    I to was told my ovaries are the size of a 3 mo pregnant woman from tumers. I would also like to know if there is anyone out there that gets mini seizures which I have been getting about as long as I have been on yaz ( this is usually a feeling of dajavue,sick to the stomach, lightheaded, and only lasts about 10-20 sec.)

    Posted on November 2, 2009 at 9:38 pm

  • Alda says:

    I was put on Yazmin Aug 2005. In April of 2006 I had to have my gal bladder removed due to sudden gal bladder issues. I never even knew it could have been caused my Yazmin. Before this I had never had anything wrong was perfectly healthy with no medical issues.

    Posted on November 6, 2009 at 4:37 pm

  • kristen says:

    well, i had two pulmonary blood clots or PE (no family history), have SVT (heart arrhythmia and no family history), and now have to have my gallbladder removed. All of this and I was only on the birth control generic Yasmin, Ochella for two months. It was recommended by my dermatologist.
    I missed 8 weeks of work with the two PE’s early this year and now have to miss some more work. My sick leave is all used up as well as my vacation. I either have to go on LOA or wait until next year for the surgery. I am a high risk patient now and have to see a special surgeon. All this and I am only 30 as well!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
    I can’t believe this is happening. I WISH for the love of GOD i would have known all this and I WOULDN”T have taken this drug.

    Posted on November 6, 2009 at 10:14 pm

  • Karysa says:

    I had many of the same symptoms as the ladies above. I began taking Yasmin after giving birth to my first child. I began to experience severe migrains, dizziness and tiredness. I discontinued taking the medication and seeked a consultaion with my OBGYN. Before the appointment i found out i was pregnant for the second time. A few months into the pregnancy i began to have severe abdominal pain and had to be taken to the hospital multiple times with no outcome other than that my baby had heart arythmias. After giving birth i still had the abdominal pains, now only more frequent. When i returned to the hospital it was discovered that i had severe gallstones and inflamation and i had to have my gallbladder removed! I should have never taken this medication! I Hope that my babies heart conditions were not a factor of these meds. I was only 21 years old!

    Posted on November 9, 2009 at 2:15 pm

  • Tiffany says:

    I am only 28 years old and had to have my gallbladder removed in Feb of this year. I started to get severely sick every time I would eat anything a few weeks before Christmas. I began taking Yaz after I had my twins in Dec of 2006. I was never told about any of these side effects. I had a lot of gallstones and have suffered from a lot of ovarian cysts. I went off the Yaz this past July when I first heard that my gallbladder problem could have been caused by it. Now I am seeing a neurosurgeon and they think i may have multiple sclerosis. I take a type of brain seizures and am no longer allowed to even drive. I have migraines all the time, muscle stiffness and weakness, dizziness a few times every day, a lump on my head, swelling of my hands, feet, and ankles, abdominal pain more often than not, and I slur my speech a lot. I don’t know if any or all of this is related to Yaz but it makes me wonder?

    Posted on November 16, 2009 at 12:55 pm

  • Catherine says:

    I was put on Yaz in October 2007. But it wasn’t until June 2009 that I started suffereing debilitating migraines. I actually lost my vision during the headaches and could not work. After many doctor visits, an MRI and lots of co-pays I found out it was caused from Yaz. But I guess it could have been worse.

    Posted on November 18, 2009 at 1:03 pm

  • Rebeccalyn says:

    I like several other woman was put on yaz after my daughter was born in 2006. I was on yaz from August of 2006 to April of 2009. In March of 2009. For 5 months I thought I was having a heart attack. In March I was brought to the ER by my husband and They found out that my gallblader was full of stones and in very bad shap. My surgeon said that she felt that my gallblader had stopped working two months prior to the surgery in March.

    Posted on November 26, 2009 at 4:16 pm

  • Julie says:

    A little over 2 years ago I was put on YAZ to see if it would help with my severe mentrals, breast pain and knots during periods and hot flashes, I was only 36. (It did not help with any of these!) I was very weary about going on it because I kept telling my ob that I could feel a knot on my breast especially during my periods she assured me she felt like it was only from my periods and that I was too young for a mamogram and the pill would help all of this. So I tried it hoping that this would take all of it away. A couple of months later I felt horrible, no energy, so I went back to my ob with the same symptoms and she immediately sent me for a mamogram. The tumor had grown to a very large size and my lymphnoids were all swollen. They immediatly did ultrasounds and biopsies. I was told I had stage 3A breast cancer and to come off the YAZ immediatly that it was what made this grow so rapidly. I had to undergo a double mystectomy, 12 lymphnoids out of my right arm and now deal with painful lymphodema every day, 6 months of chemo and 7 weeks of daily radiation. A complete hysterectomy, and breast reconstruction. I was very sick! I am just now starting to feel a little better after this ordeal. I just want everyone to be aware of this pill and what it can do to you! I wish I would have known this before I was ever prescribed this pill.

    Posted on November 29, 2009 at 11:27 am

  • Julie says:

    You go to your doctore for help, thinking they know best. You put your trust in them. To add to my recent blog on November 29th, I also had severe kidney stones. So bad that it got stuck and made my right kidney shut down resulting in emergency surgery and hospital stay. From my cancer, since I am over with chemo and radiation I have to take a pill for seven years and have scans every six months for the rest of my life. It has been a rough 3 years.

    Posted on November 29, 2009 at 12:47 pm

  • Vicky says:

    I was 36 when I was put on Yaz for menstrual cramps, and migraines, in July, 2007, after many many visits to the hospital, and med plus for blinding headaches, and being sent to a psychiatrist because the Doctors thought I was Bipolar, so I went to the psychiatrist for nearly a year, he couldn’t figure out what was wrong, but it was not bipolar disorder! I understand now that Yaz also caused mental disorders, or feelings of suicide… Well, my legs HURT so badly, I was told I had restless leg syndrome… I went to the movies that day, and left there and went to Sam’s, I walked in Sam’s, made it to the jewelry counter, and my leg wouldn’t move, the pain was UNBELIEVABLE! The lady and my friend could see something was wrong with me,so they asked me, I said I can’t move my legs. She asked If I need her to call the ambulance, I was in Sam’s, and I Don’t like being the center of attention, so I said, No please don’t do that, I almost crawled out of Sam’s, all attention was on me anyway because of the way I was walking, it was the hardest thing I ever did! Once outside, I couldn’t make it to the car, so my friend went and got the car, I put my legs on the dash, don’t know why, but they felt better, I went home, refused to go to the hospital, had been so many times for the headaches, didn’t really feel they cared, or believed anything I said. Went in,took my clothes off, and my leg was swollen the size of 2 legs, and fire red, I got into a HOT bath, got out, and couldn’t get my leg in my pajama pants, I decided to drive myself to the hospital. after walking all over he hospital and having all kinds of test ran, I was told I could go home, they would give me a steroid shot, and a pain shot… the Doctor went out of the room to sign my discharge papers, stuck his head in the door, and said, let me do one more test.. the pain was unbar able by now, so I said ok. He order an ultrasound of my legs, the lady doing the test was so nice, but when she stopped asking me about my kids, and how I hurt my leg, and suddenly left the room, I knew something was wrong, the Doctor ran into the room and said, “Don’t move, you have blood clots everywhere , I’ve never seen so many” told me it was really bad, we need to contact your family, I spent 4 months in the hospital intensive care, and 3 surgeries, stints and filters everywhere, I have massive DVT’s, and blood clots, I am terminal, the yaz changed my blood, and I am coumadin resistant, my blood curdles like cottage cheese, I have so many specialist, and they all say the same, “everything Medically know to man has been done, we just want to keep you comfortable” I have 4 kids, and my quality of life is gone… I hurt sooo badly.. I take a shot everyday, in my stomach, $4,000.00 a month, I had to go on full disability, I owned my own business! I had to completely give up my life. The doctors tell me the filters can only catch so many of the clots, I have sever nerve damage, and my kids are so afraid, they are always asking if I’m okay,if I sneeze, they nearly have a heart attack! they panic about everything, My filters can’t be changed out because my blood is always cloting, and one will get past while trying to change the filters, and anywhere they cut me, I form a clot…I wish I could do it over again, My tubes were tied, so I didn’t need birth control. I can’t ride more than 15 minutes or I may get a clot that will be too big for the filter, and kill me. I want to see my oldest daughter graduate from college in Dec. 2010, she has a degree in Material engineering, Math, and business management. Ladies, don’t give up, just keep praying, and for those like me, ask God for more time! The bible tells us to ask and it shall be given.. I just want more time with my family, I only wish it was my gallbladder, I spent 95 % of my life in bed which isn’t good with blood clots, but I form so many clots, they don’t want me to do anything that my cause more problems, so it’s a catch 22 situation with me…by no means belittling others who lost their gallbladder, just wish I could be cured, I don’t care about the money, It will never make my kids happy without a Mom. Such a sad thing. People having to sacrifice there lives for the love of money.. They should have researched those pills more instead of putting them on the market (and the cost was rediculous, $68.00 a month)as fast as they could to make as much money as they could.. It’s just so wrong.

    Posted on October 6, 2010 at 4:31 pm

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