Yaz-Yasmin Class Action Lawsuit Denied by Federal Judge
A proposal to certify a national class action suit of users claiming to being harmed by Yaz or Yasmin had been denied by a federal judge. The ruling was issued by the same federal judge who was managing the multi-district litigation (MDL) over the birth control pill Yaz-Yasmin. The MDL encompasses large numbers of individual cases that make similar allegations. In the Yaz MDL, the individual cases include accusations of negligence, strict product liability, breach of express warranty, breach of implied warranty, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, medical monitoring, and fraud and deceit against Bayer Pharmaceutical regarding Yaz and Yasmin side effects. All the individual plaintiffs making these claims have already suffered from adverse effects of Yaz or Yasmin. The class action lawsuit had been filed by other lawyers on behalf of women who might have taken Yaz or Yasmin, but had not yet suffered an identifiable injury. Such class action lawsuits typically ask the manufacturer of the drug to establish funds to pay for medical monitoring, so past users of the drug can detect the side effects quickly. Such class action suits are denied if the judge feels that the group to be monitored is too diverse to have a manageable monitoring plan.
Bayer Healthcare Pharmaceuticals, the manufacturer of Yaz and Yasmin first received approval for this type of contraceptive drug from the FDA in 2001. Since, then it has being used to prevent pregnancy. Later, Yaz was also approved by the FDA for treatment of premenstrual dysphoric disorder (PMDD) and acne.
There are numerous lawsuits filed against Bayer related to side effects of Yaz and Yasmin. More than 1500 such lawsuits are related to gallbladder diseases. These lawsuits have been filed in both state and federal courts.
Yaz and Yasmin are oral contraceptive pills containing synthetic progestin drospirenone and ethinyl estradiol. Drospirenone when combined with ethinyl estradiol could develop gallbladder diseases like cholecystitis (inflammation of the gallbladder) and cholelithiasis (gallstones). Drospirenone is also considered responsible for formation of blood clots in the patient, which can lead to pulmonary embolism and deep vein thromboembolism (also known as deep vein thrombosis). If these clots travel to heart or block blood flow fully to and from the heart, it can cause heart attack and even death in some cases. When the clots are carried into the brain, a stroke can occur.
These drugs are also linked with severe side effects such as kidney problems, liver tumors, and many more serious health hazards. A large number of Yaz-Yasmin lawsuits are related to gallbladder diseases. The number of Yaz-Yasmin lawsuits against Bayer pharmaceuticals is growing day by day. The cases pending in federal courts have been consolidated in the MDL proceedings in the Southern District of Illinois. These proceedings are often referred to as a “mass tort” proceeding, where similar but separate cases are pursued against a common defendant or group of defendants. One of the Yaz cases in the MDL proceedings, involving a woman who suffered a pulmonary embolism after ingesting Yaz, is slated to go to trial in January 2012.
One of serious side effects of Yaz or Yasmin is a pulmonary embolism. A Pulmonary embolism is a condition where a main artery of the lung is blocked by a blood clot. Blood clots can travel to the lung from any where in the body. In this disease, a patient may experience very low blood pressure, collapse and even sudden death.
More Yaz and Yasmin cases are still being filed. Women who have been affected by Yaz or Yasmin should not delay in bringing their lawsuits, because the law often requires that the lawsuits be filed within a fixed amount of time after the first injury occurs. These “statutes of limitation” can bar an otherwise valid claim. If you have suffered a blood clot injury (including pulmonary embolism and deep-vein thrombosis) after taking Yaz or Yasmin, please complete the case evaluation form on this website immediately.
Presently there are more than 7000 lawsuits filed against Bayer Pharmaceutical related to side effects of Yaz and Yasmin. Most of the cases have been consolidated. They have been centralized for pretrial proceedings as an MDL case. Each claim is considered as individual and each claimant has to furnish the proof that her injury was been caused by use of Yaz or Yasmin. If the litigation fails to achieve a voluntary settlement, then each plaintiff can present her case individually to a jury.