What is the Status of the Yaz and Yasmin Litigation?
As of early 2013, the Yaz litigation and Yasmin litigation consists of about 15,000 lawsuits filed in state and federal courts throughout the United States on behalf of women who have experienced serious and potentially life-threatening injuries, such as:
- Heart attack or Stroke from Yaz or Yasmin
- Pulmonary Embolism from Yaz or Yasmin
- Deep Vein Thrombosis from Yaz or Yasmin
- Gallbladder Problems from Yaz or Yasmin (i.e. gallbladder disease or removal)
- Sudden Death from Yaz or Yasmin
All federal litigation over Yaz and Yasmin has been consolidated and centralized in an MDL, or “Multidistrict Litigation,” before Chief Judge David R. Herndon. Therefore, any cases filed in federal district courts throughout the United States will be transferred to Judge Herndon in the U.S. District Court for the Southern District of Illinois for pre-trial proceedings.
While cases in the MDL are handled in a manner similar to how a Yasmin or Yaz class action lawsuit would be managed during pretrial litigation, each claim remains an individual case. If the litigation does not resolve during pretrial proceedings, the individual lawsuits will be returned back to the federal district court where they were filed for a trial.
At the state court level, litigation over Yaz and Yasmin has also been centralized in New Jersey and Pennsylvania, where the cases will be managed in a manner similar to the MDL. The New Jersey Yaz litigation is centralized before Judge Brian R. Martinotti in Bergen County Superior Court. The Pennsylvania Yaz litigation is centralized before Judge Sandra Mazer Moss in Philadelphia.
In October 2010, a Case Management Order was established in the federal MDL, scheduling three Yaz and Yasmin bellwether trials, which are representative cases that will be used to gauge how juries will respond to testimony and evidence that is likely to be introduced throughout other cases in the litigation. The first trial was supposed to involve a pulmonary embolism lawsuit, followed by a second trial involving a gallbladder lawsuit, with the third trial involving a venus thromboembolism, such as a deep vein thrombosis lawsuit.
On December 31, 2011, Judge David Herndon postponed the start of the first trial, indicating that the best interests of the Yaz and Yasmin litigation would be served by ordering the parties to engage in mediation in an attempt reach a settlement of the Yaz / Yasmin litigation. The bellwether process is currently stayed while negotiations continue. (See our April 2012 post on the Status of Yaz and Yasmin Cases Settling)
As of January 2013, Bayer had agreed to pay more than $1 billion to settle lawsuits brought on behalf of more than 4,800 women who suffered a pulmonary embolism or deep vein thrombosis. Additional claims will continue to be settled throughout 2013 on a case-by-case basis, following negotiations.
In March 2013, Bayer agreed to pay up to $24 million to settle Yaz and Yasmin gallbladder lawsuits for women who had their claim filed before March 25, 2013.
FIND OUT IF YOU CAN PARTICIPATE IN THE YASMIN OR YAZ LITIGATION
The Yasmin and Yas birth control lawyers at Saiontz & Kirk, P.A. are continuing to review potential lawsuits for individuals who have suffered a serious injury from Yaz or Yasmin. To review a potential claim for yourself, a friend or family member and determine if compensation may by joining the Yaz and Yasmin litigation, request a free consultation and claim evaluation.