Plaintiffs claim to have suffered from deep vein thrombosis

According to court documents, each of the five women resides in a different state, and alleges injuries stemming from the use of Yaz/Yasmin or Ocella.

1. Roxanne Campbell, who resides in Florida, claims that after using the products, she suffered from venous thromboembolism and related health complications that require continuing treatment and medical monitoring.
2. Gabriele Dean, a resident of Colorado, alleges to have suffered deep vein thrombosis (DVT) and related health complications requiring continued monitoring and treatment.
3. Marla Hoffman of Ohio, claims to have suffered DVT and related problems.
4. Suzanne Landry-Harmon, from Louisiana, says she has developed DVT and related problems.
5. Dawn Meadows, a resident of Indiana, claims to have suffered DVT and other health issues.

All five women contend that manufacturer Bayer should have known that the use of their birth control products could cause deep vein thrombosis, and that it was unreasonably dangerous.

Yaz side effects lawsuit describes how drospirenone works in the body

The plaintiffs note in their complaint that Yaz, Yasmin and Ocella contain the fourth-generation progestin called “drospirenone,” which functions differently in the body than older progestins used in other contraceptives.

For instance, drospirenone causes an increase in potassium levels in the blood, which can lead to a condition called hyperkalemia. Untreated, hyperkalemia can cause heart rhythm disturbances, gallbladder complications, and kidney problems. Heart rhythm disturbances can also lead to a slower blood flow through the heart, which increases the risk of blood clots that can then lead to heart attack, pulmonary embolism, and stroke.

This Yaz side effects lawsuit also notes several scientific studies that have shown birth control pills containing drospirenone increase a patient’s risk of blood clots. As early as April 2002, the British Medical Journal reported that the Dutch College of General Practitioners recommended patients use older pills because of 40 cases of blood clots among women taking Yaz and Yasmin.

Patients seek Yaz lawsuit settlements or jury awards

Deep vein thrombosis is a condition cited frequently in Yaz claims against Bayer. It occurs when a blood clot forms in a deep vein in the body. If that blood clot then breaks off and travels to another critical organ, it can lead to pulmonary embolism, stroke, heart attack, and even death.

According to a 2011 study published in the Canadian Medical Association Journal, the use of drospirenone-containing oral contraceptives was associated with an increased risk of deep vein thrombosis and pulmonary embolism. That same year, the British Medical Journal also reported that birth control pills like Yaz, Yasmin, and Ocella put woman at two times the risk of developing blood clots compared to women who used older pills that did not contain drospirenone.

The plaintiffs in this Yaz side effects lawsuit bring counts of failure to warn, manufacturing defect, negligence, breach of warranties, deceit by concealment, negligent misrepresentation, and fraud.

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This synthetic hormone is linked with an increased risk of venous clot injuries and stroke in women who take the birth control pill. Yaz deep vein thrombosis (DVT) is the result of blood clotting in deep veins, and may lead to life-threatening complications if the body fails to break down the coagulate. Complaints involving blood clot injuries account for 50% of the cases faced by Bayer, with the other half alleging the company failed to warn about the increased incidence of Yaz stroke, gallbladder problems, and heart attacks when taking the pill. 

Yaz settlements may exceed $1.5 billion

With some 3,800 claims remaining to be settled, Bayer may pay an additional $815,000 in awards for all cases involving Yaz pulmonary embolism and DVT, which would yield a total payout of $1.565 billion. As of October 2012, more than 12,400 product liability Yasmin and Yaz complaints have been filed against Bayer, and another 720 claims have yet to be filed in court.

Thus far, Bayer’s average settlements work out to roughly $215,000 per case. Women who have developed symptoms of Yaz deep vein thrombosis or other related complications are encouraged to consult a Yaz lawyer to determine their legal rights.

Yaz lawsuits consolidated as part of MDL

In response to the waves of injured women who filed Yaz lawsuits against Bayer, the federal litigation was consolidated for MDL (multidistrict litigation) proceedings in the Southern District of Illinois. Presently, the Yaz and Yasmin MDL, managed by Honorable David R. Herndon, has the biggest active case load in the U.S., making it the largest pending multidistrict litigation in the country.

In light of ongoing settlement negotiations with Bayer over problems stemming from Yaz and Yasmin blood clots, more plaintiffs are expected to seek monetary compensation with the aid of a Yaz lawyer.

OH plaintiff develops Yaz deep vein thrombosis

According to the complaint, Lisa Westall began using Yaz in September 2009. On October 15, 2012, she was diagnosed with deep vein thrombosis, which caused her severe and permanent personal injuries, pain, suffering, and emotional distress. Additionally, her husband, Bruce Westall, claims loss of consortium. As do similar lawsuits, the Westalls’ complaint states that drospirenone, the fourth generation progestin contained in Yaz, has not been adequately tested to prove its safety.

Furthermore, their complaint contends that Bayer overstated the efficacy of the drug, and “knew or should have known that the use of Yaz created an increase risk to consumers of serious personal injury, including deep vein thrombosis, pulmonary embolism, heart attacks, stroke, development of gallstones and gallbladder disease, and even death.”

MDL litigates range of Yaz side effects

The Westalls claims mirror others in the Yaz MDL, which covers a range of side effects from the oral contraceptive. Most common are complaints of blood clots, which can lead to deep vein thrombosis (DVT), or clots in the deep veins. Blood clots can also travel through the bloodstream and cause much more serious conditions, including pulmonary embolism and stroke, which can be fatal. Yaz death claims are also included in multidistrict litigation. Some plaintiffs will likely reach Yaz settlements out-of-court, while others will move forward with MDL trials.

Plaintiffs charge “willful, fraudulent and reckless” acts

The Westalls’ case, which will retain its individual status even as part of the MDL, levels claims against Bayer of defective manufacturing, defect in design or formulation, defect due to inadequate warning, defect due to nonconformance with representations, negligence, breach of express and implied warranties, negligent misrepresentation and/or fraud, and unjust enrichment.

They request compensatory, punitive and/or exemplary damages for “willful, fraudulent, reckless” behavior, as well as legal costs and other applicable statutory damages.

Brown says Yaz use forced her to undergo a gallbladder removal surgery Nov. 11, 2005. Brown had taken Yaz before developing gallbladder disease, which she claims is a side effect of Yaz. Pulmonary embolism and blood clots are all associated with Yaz use.

Brown filed her lawsuit, part of the pending U.S. District Court, Southern District of Illinois (East St. Louis) multidistrict litigation (MDL), on Sept. 18, 2012. MDLs seek to resolve similar cases against a common defendant in a timely manner. Yaz MDL plaintiffs often accuse the oral contraceptive of causing blood clots, gallbladder disease, pulmonary embolism and even death.

Chief Judge David R. Herndon is overseeing Brown vs. Bayer Corporation.

What to expect with Yaz side effects

Yaz and Yasmin are considered fourth generation birth control pills. They are the first birth control pills to include drospirenone, which is type of progestin new to the market. Not long after Yaz and Yasmin were released, studies linked both medications to side effects including pulmonary embolism, death, gallbladder disease, stroke and deep vein thrombosis (DVT).

Yaz pulmonary embolism and DVT can result in death or other serious health problems. Women who smoke, have high cholesterol or are over 35 are at greater risk of developing Yaz side effects than the general population.

Profits increase despite Yaz pulmonary embolism

Numerous plaintiffs seeking settlements for complications, including Yaz death, accuse the drug’s manufacturer, Bayer Corporation, of failing to warn them about the side effects of Yaz and its sister drug, Yasmin.

In lawsuits like the one filed by Brown, plaintiffs accuse the company of profiting from the sale of a faulty product. They also indicate the company may have ignored or hidden reports about Yaz side effects to boost sales. According to Brown’s lawsuit, Yaz sales in 2007 were $262 million. After extensive marketing, U.S. sales boosted to $616 million in 2008.

Brown and plaintiffs like her seek Yaz settlements to help pay for financial, emotional and physical costs associated with potentially debilitating or even deadly side effects.

To date, Yaz lawsuit settlement amounts total $402.6 million, although Bayer admits that this number may eventually exceed $1.2 billion.

California consolidates Yaz blood clots cases into one court

In CA, Yaz consolidated litigation centralizes individual lawsuits into the Superior Court of the State of California (Los Angeles). These coordinated proceedings allow for a simpler, more streamlined legal process, reduced costs, and other benefits to the plaintiffs and defense. One such shortcut is the master complaint, a prefabricated form that allows plaintiffs to easily state their cases and adopt common allegations against the named defendants.

Consolidated litigation involves complaints of Yaz blood clots, which can lead to deep vein thrombosis, stroke, pulmonary embolism and other serious risks that can cause permanent injuries or death. Despite these risks – and the large number of women who have reportedly suffered serious and life-threatening side effects – Bayer has yet to announce a Yasmin or Yaz recall.

Plaintiff adopts master complaint against Bayer

On August 16, 2012, Nancy Carlisle opted to utilize the master form complaint to join the California coordinated litigation, and adopted counts of negligence, breach of implied warranty, negligent misrepresentation, and fraud. She requests compensation for past and future general damages, medical expenses, lost earnings and/or earning capacity, economic and special damages, mental and emotional distress, punitive or exemplary damages, legal expenses, and other damages the Court deems proper.

Yaz lawsuit settlements expected to exceed $1.2 billion

In mid-2012, a Bayer stockholders newsletter stated that 12,325 Yaz lawsuits were currently pending against the company. As of July 19, 2012, Bayer has reportedly paid out $402.6 million in Yaz lawsuit settlement amounts for 1,877 cases – a huge number, until you read further. By the company’s own admission, the remaining cases may send the total soaring to $1.29 billion. And in fact, this sum could be even larger, if future Yaz lawsuit settlement amounts are average higher numbers than the first 1,877.

Fourth-generation progestin may be at fault for Yaz stroke

The plaintiffs’ lawsuit alleges injuries from Yaz, Yasmin, and Ocella (generic Yasmin) birth control pills. All contain a fourth-generation progestin known as drospirenone. They are the only birth control pills that contain the progestin, which is so new that its side effects are not fully understood. According to their complaint, unlike other progestins contained in today’s birth control pills, “there are not decades of data available to support its safe use.”

In fact, preliminary studies showed that drospirenone may be “potentially more dangerous” than second-generation progestins, which have been in use since the 1970s. It is thought that drospirenone may interact differently with ethinyl estradiol, an estrogen, than other progestins, therefore causing side effects like heart rhythm disturbances, bradycardia, stroke, and others.

Plaintiffs allege Yaz DVT, pulmonary embolism, and other side effects

The plaintiffs’ claims include the following:

Cathy Young: Began taking Yaz until October 2010, when she was diagnosed with deep vein thrombosis (DVT), pulmonary embolism, and other related injuries.

Katasha Nesbitt: Took Yaz/Yasmin/Ocella until April 2001, at which time she was diagnosed with DVT, pulmonary embolism, and related injuries.

Tennille Dancer: Took BeYaz, and in August 2011 was diagnosed with DVT and related injuries.

Anne Pulley: Took Yasmin and in 2008, was diagnosed with a TIA/stroke and related injuries. In July 2009, was diagnosed with a pulmonary embolism and related injuries.

Lawsuit seeks Yaz settlements for multiple damages

The plaintiffs’ lawsuit states that the defendants “knew or should have known that the use of Yaz, Yasmin and Ocella created an increased risk to consumers of serious personal injury, including heart attacks, deep vein thrombosis, pulmonary embolism, stroke, gall bladder conditions, seizures, and even death.” Despite this knowledge, the defendants allegedly failed to warn the public, and specifically the plaintiffs, of the risks, including serious complications that could lead to Yaz death.

The plaintiffs bring counts of strict products liability, manufacturing defect, failure to warn, negligence, breach of express and implied warranties, and violation of the business and professions ethics code. They request compensatory and punitive damages for economic losses, medical care and expenses, loss of earnings, physical pain, and loss of consortium.

The Cavazos blame manufacturer Bayer for injuries suffered by their daughter after she took Yaz and/or Yasmin birth control.

Yaz lawyers: plaintiffs’ daughter suffered gallbladder problems

According to their Yaz lawyers, who drew up the complaint, the plaintiffs’ daughter M.C. was born August 19, 1996. She was prescribed Yaz and/or Yasmin by her healthcare provider in 2011. In the spring of 2012, she suffered serious abdominal pain, culminating in the removal of her gallbladder.

On April 15, 2012, M.C. underwent emergency surgery to remove her gallbladder, requiring a lengthy hospital stay in Austin, Texas. As a result of her use of Yaz, she suffered serious side effects, including a severe gallbladder attack and emergency removal. As a result of now being without a gallbladder, she is also now more at risk of future kidney and liver ailments, physical pain and mental anguish, and diminished enjoyment of life. She will need lifelong medical treatment, monitoring, and medications.

Despite the severity of her injury, neither M.C. nor her parents were aware of a potential link between her gallbladder problems and her birth control pills until April 2012.

Bayer negotiating Yaz lawsuit settlement amounts

So far in the Yaz MDL in the Southern District of Illinois, manufacturer Bayer has negotiated Yaz lawsuit settlement amounts of over $400 million, and the company is still in negotiations. Bayer has estimated that before litigation is over, they are likely to pay over $1 billion in damages.

Most of these settlements have been negotiated in cases where plaintiffs suffered from Yaz blood clots. Cases of Yaz gallbladder disease, like M.C.’s, may require bellwether trials. Though blood clots and related complications are the most commonly reported Yaz side effects, hundreds of women have also claimed that the birth control pills caused gallbladder disease.

The gallbladder has estrogen receptors in it, and these receptors attract cholesterol. Too much cholesterol thickens the bile, which raises the risk of inflammation and gallstones. Some researchers speculate that birth control pills like Yaz and Yasmin may increase estrogen present in the body, raising the risk of thickening bile.

One study published in April 2011 in the Canadian Medical Association Journal suggested that fourth-generation progestins like drospirenone, which is used in Yaz and Yasmin, may create more of a risk than older, more established progestins used in standard birth control pills.

Yaz lawyers bring counts of negligence and liability

The Cavazos’ suit brings counts of product liability, negligence, and misrepresentation. The plaintiffs seek compensatory and punitive damages.

Yaz lawsuit settlements reach $402.6 million

As of July 19, 2012, Bayer had reached agreements to settle the claims of 1,877 U.S. claimants without admission of liability; these Yaz lawsuit settlements total $402.6 million.

Bayer began to be named in lawsuits over the oral contraceptives in 2009. The complaints alleged that Yasmin and Yaz, which contain drospirenone, a synthetic form of progesterone, can cause serious, life-threatening side effects, including Yaz DVT (deep vein thrombosis), heart attacks, strokes, pulmonary embolisms, gallbladder disease, and even sudden death.

Plaintiffs have also alleged that the manufacturer marketed Yaz irresponsibly, with full knowledge of these potentially harmful complications.

Yaz DVT and pulmonary embolism cases among those settled

Thus far, Bayer has only begun to settle those claims that specify venous clot injuries, including Yaz pulmonary embolism and deep vein thrombosis (Yaz DVT). These claims account for less than half of the total lawsuits involving the birth control pills brought against the company. Bayer has yet to settle any cases related to arterial blood clots, which generally carry more long-term risks of complications.

Bayer indicated to its stockholders that it continues to face 6,000 lawsuits making claims of Yaz pulmonary embolism and deep vein thrombosis. If all of these cases are settled for the same average value as the previous ones, the total Yaz settlement amount will rise to $1.29 billion.

FDA concerned about higher risk of Yaz blood clots

In December of last year, an FDA advisory committee recommended that the warning labels on Yaz and Yasmin-related products be strengthened to include more information about the possibility of higher risk for blood clots in women who take the contraceptive. The panel suggested language should represent the evidence showing a greater risk of blood clots to be “conflicting.” AN FDA briefing document acknowledged that new studies on the topic were needed.

Meanwhile, Yaz lawyers are eager to begin trying some of the more serious cases, which involve arterial blood clots. To date, Bayer has only settled lawsuits alleged blood clots in the veins, a less serious condition than clots in the arteries.

Bayer has already paid $402 million in Yaz settlements

In July 2012, Bayer announced that U.S. Yasmin and Yaz settlements have climbed to over $402 million – nearly triple the $142 million previously reported. Bayer, which is based in Germany, faces at least 12,000 national lawsuits that allege blood clots leading to heart attack and stroke. Reportedly, almost 1,900 cases have ended in compensation for Yaz injuries, which averages almost $212,000 per complaint.

Bayer commented that it had reserved $610.5 million for Yaz settlements. The new figure is more than double the $250 million the company had set aside in 2010 and 2011. A spokesperson for Bayer stated, “We believe we have made appropriate provisions for most of the cases we consider to be worthy of settlement with these accounting measures.”

However, independent industry analysts, including Richard Vosser of JPMorgan Chase & Co., have estimated that Bayer may shell out up to $2.5 billion in compensation for Yaz injuries.

Yaz lawyers wait to try most serious cases

Between 2004 and 2008, more than 50 deaths were allegedly attributed to Yasmin and Yaz. These fatalities, as well as other side effects including blood clots, led to the first wave of lawsuits. Litigation against Bayer has slowly unfolded over the years, and these recent settlements mark a step forward.

Carl Tobias, a product-liability law professor at the University of Richmond, stated to BusinessWeek, “This indicates they are making progress putting these Yaz suits over the vein clots behind them.”

BusinessWeek also quotes a Denver-based attorney who represented women in Yasmin cases noted that Bayer had only settled cases of blood lots in the veins, not arteries. He explained, “Those cases involve some of the more serious injuries and we look forward to trying them.” Additionally, pending cases also involve accusations of gallbladder damage and gallstones.

Bayer notes increased profits despite legal problems

Despite the company’s legal woes, Bayer expects to see a 4% to 5% revenue gain in 2012. In its stockholders’ newsletter and earnings forecast, Bayer explained the increase as due to favorable exchange rates and higher-than-expected stales for drugs and crop chemicals. On the U.S. Stock Exchange, shares of Bayer rose 1.92% to reach $75.95 per share. In Germany, the share price increased 1.3% to €61.60 (approximately $76.11).

Their case has been slated for removal to multidistrict litigation, which in recent months has seen many cases end in Yaz lawsuit settlements.

Plaintiffs claim minor daughter suffers Yaz side effects

Richard and Carol Browne allege that Bayer Corporation, et al. is liable for their daughter’s injuries. According to their complaint, “The child’s gall bladder was destroyed causing her months of pain and discomfort and causing her to have to undergo surgery to remove her gall bladder, suffering severe and personal injuries, physical pain and mental anguish, diminished enjoyment of life, medical, health, incidental and related expenses, and the fear of developing any of the above named health consequences.”

The plaintiffs claim strict products liability, including design defect and inadequate warning, as well as negligence, fraudulent misrepresentation, breach of express and implied warranties, and violation of the Texas Deceptive Trade Practices Act.

MDL consolidates claims of Yaz death

The Brownes’ lawsuit was marked for removal to the U.S. District Court for Southern District of Illinois, where lawsuits involving Yaz have been centralized into multidistrict litigation. The Yaz MDL consolidates complaints involving blood clots, gallbladder disease, and Yaz death.

In the United States alone, more than 14,000 plaintiffs have brought nearly 12,000 lawsuits against Yaz and Yasmin, two birth control medications manufactured by Bayer. Presiding Judge David R. Herndon has appointed George Washington Law School professor Stephen Saltzburg as a Special Master to officiate mediation between Bayer and plaintiffs.

Bayer could pay $2.62 billion in Yaz lawsuit settlements

As of June 2012, Professor Saltzburg has helped negotiated $142 million in Yaz lawsuit settlements, including the most recent $110 million settlement for 500 cases – an average of $218,000 per claim. Experts estimate that the pharmaceutical giant may pay up to $2.65 billion in Yaz settlements, although these estimates related to Yaz death and injuries from blood clots, not gallbladder disease.

In fact, Bayer currently denies that their drug can cause gallbladder disease, and legal counsel for Bayer states that, “At this point, they’ve said they don’t anticipate settling any of the gallbladder cases.”

The bulk of the nearly 12,000 lawsuits involving Yaz, Yasmin and Ocella are currently consolidated in the multidistrict litigation in Illinois, where Judge David R. Herndon has delayed the first bellwether trials in hopes Yaz lawsuit settlements can be reached in lieu of actual jury trials. Currently, nearly 700 cases involving Yaz DVT and other side effects have been settled with the help of court-appointed mediator and George Washington School of Law professor Stephen Saltzburg.

To date, Bayer has paid out approximately $142 million in settlements, which translates to an average of $218,000 per plaintiff.

Yaz lawsuit settlements restricted to DVT and PE cases?

The bulk of the Yaz lawsuit settlements paid out to date involve plaintiffs alleging Yaz DVT, pulmonary embolism or blood clots. Settlements at this point have not included more serious injuries, such as women who have suffered from debilitating strokes or died after taking the oral contraceptive. This means lawsuits against Bayer are far from resolved, with thousands of plaintiffs still waiting for their day in court.

The current Yaz settlements also do not include plaintiffs who claim to have suffered Yaz gallbladder disease. With less research currently available to support the link between this side effect and Yaz use, Bayer seems prepared to fight lawsuits involving gallbladder disease in court at this time.

However, that status could change if additional information surfaces that proves a causal link between the two, particularly in light of the fact that early studies do show an association between gallbladder issues and use of Yaz or Yasmin.

Bellwether trials involving Yaz DVT, other side effects are postponed

The bellwether trials for the MDL involving Yaz DVT, pulmonary embolism and Yaz gallbladder disease were originally scheduled to begin in January, 2012. However, Judge Herndon extended that date in December, 2011, ordering both sides to meet with a mediator in an attempt to produce Yaz lawsuit settlements.

Because that process has proven successful, Judge Herndon has called for another stay of bellwether trials, which now puts the first trial date into September, 2012.

New cases from all over the U.S. are joining the MDL weekly. On April 19, 2012, Chief Judge David R. Herndon pushed back all deadlines for another ninety days to allow the parties more time to reach Yaz settlements. Though little news of current progress has been made public, past reports suggest that Bayer is highly motivated to settle, especially in cases of Yaz deep vein thrombosis.

Negotiations continuing in Yaz lawsuit MDL

Judge Herndon began the effort to promote Yaz settlements in 2011, when he appointed Stephen Saltzburg, a respected professor at the George Washington School of Law, as a Special Master to mediate between Bayer and the plaintiffs. In the past, Professor Saltzburg successfully mediated some 26,000 cases in the Seroquel litigation.

Under Professor Saltzburg’s guidance, Bayer has settled nearly 700 cases for a total of $142 million – an average of $218,000 per case.

Could settlements grow into the billions?

Settling all pending cases would likely involve over a billion dollars. The most frequently settled cases involve injuries related to blood clots and Yaz deep vein thrombosis, well-known side effects of drospirenone, the synthetic hormone used in Yaz and Yasmin.

Though both pills have also been linked to gallbladder injuries, Bayer has so far been reluctant to settle gallbladder cases.

If the latest round of negotiations in regard to Yaz settlements prove insufficient, Judge Herndon is likely to proceed with the initial round of bellwether trials. In complex product liability litigation, like the Yaz MDL, bellwether trials have often served to promote settlements.

Given the present stay, bellwether trials are not expected to begin until September of 2012 at the earliest.

According to Bayer’s Stockholders’ Newsletter for the first quarter of 2012, Bayer has now paid out $142 million in settlements, resolving 651 cases, for an average of $218,000 a case. Earlier reports in April 2012 stated the company had agreed to pay about $110 million in Yaz lawsuit settlements for the first 500 U.S. cases. That number has now increased and will likely continue to do so, as Yaz lawyers believe the company is seeking ways to avoid a large jury award, preferring the predictability of settlements.

FDA warns of Yaz blood clots

On April 10, 2012, the FDA stated in an announcement that new warnings concerning the risks of Yaz blood clots will now be required on all contraceptives that contain the progestin “drospirenone,” such as Yaz, Yasmin, and Ocella. The agency based their decision to require new warnings on a series of studies and reports indicating that birth control pills with drospirenone increase risk of blood clots more than older birth control pills.

This move by the FDA followed the recommendation of an independent advisory panel of experts, which stated in December 2011 that the current warning labels on these products were not sufficient. Public Citizen, a consumer advocacy group, recommended as far back as 2007 that the FDA ban these contraceptives because of a lack of research establishing their safety.

Studies indicate women taking pills with drospirenone more at risk

In an October 27, 2011 statement, the FDA notified healthcare professionals of the results of a study of 800,000 women: Those women taking pills with drospirenone were at a significantly higher risk of blood clots than women taking other types of birth control pills.

Bayer settling cases concerning blood clots only

Though the first bellwether trials concerning Yaz blood clots were initially scheduled to take place in 2012, MDL Judge Herndon has delayed three times the continuation of those trials, preferring instead to bring in a mediator to help negotiate settlements.

Though Bayer continues to pay Yaz lawsuit settlements in cases concerning blood clots, many of the cases filed concern other injuries, such as Yaz gallbladder disease. So far, Bayer is rejecting women’s claims in these cases, and supporting studies are few concerning the potential link between the birth control pills and gallstones or gallbladder disease.

Yaz lawyers anticipate the company will be ready to go to trial to defend their product against these claims.

Yaz lawsuit bellwether trials now expected in the fall

The ninety-day extension means that the initial bellwether trials are not likely to begin before late September. The bellwether trial process involves selecting a limited number of representative cases for trial so that the parties can assess the likely response of juries to the common evidence. The results of bellwether trials can inform future settlement negotiations for injuries such as Yasmin pulmonary embolism and stroke.

Plaintiffs’ attorneys and Bayer have been working on settlements since January, when Judge Herndon first extended the deadlines. He has ordered the parties to seek Yaz settlements in good faith, and has cautioned that if the negotiations break down, either trials or remands back to each case’s court of origin will result.

Pace of Yaz settlements increasing

It is estimated that Bayer, the manufacturer of Yaz and Yasmin, is currently facing over 11,500 lawsuits from women who have been injured by the oral contraceptives. Both pills incorporate a synthetic female hormone known as drospirenone, which is associated with a range of adverse side effects such as Yaz blood clots, Yaz deep vein thrombosis (Yaz DVT), gall bladder disease, stroke, and Yasmin pulmonary embolism.

Many plaintiffs have alleged severe and permanent injuries due to their use of Bayer’s products, while other lawsuit claims have been brought on behalf of women who died after suffering Yasmin pulmonary embolism and other life-threatening conditions.

Corporate disclosure documents from February suggest that Bayer has reached settlements with some 70 Yaz side effects plaintiffs, and recent news reports indicate that the company has set aside $110 million to settle 500 additional cases. Should such reports prove accurate, Judge Herndon’s decision to allow the parties additional time to reach settlements over injuries like Yasmin pulmonary embolism may bring more positive news in the coming weeks.

Earlier this month, the FDA ordered Bayer and other drug manufacturers producing birth control pills to strengthen warnings about Yaz blood clots on their product labels. The primary culprit in this warning is drospirenone, a synthetic hormone that researchers have found may triple the risk for blood clots. The order comes at about the same time that Bayer has agreed to pay Yaz settlements to the first Yaz lawsuit wave in the multidistrict litigation assigned to the Southern District of Illinois.

Yaz Settlements Come After Judge Orders Yaz Lawsuit Mediation

The judge assigned to the Yaz MDL, Judge David Herndon, originally scheduled trials involving Yaz blood clots and other side effects to begin early this year. However, Judge Herndon put the trial schedule on hold at Bayer’s request, calling in George Washington University law professor Stephen Saltzburg to serve as mediator for negotiations involving Yaz settlements instead. In this recent wave of Yaz settlements, Bayer has agreed to pay an average of $220,000 for each Yaz lawsuit to resolve claims outside the courtroom.

“Sounds to me like mediation is paying off,” Carl Tobias, a professor of product-liability law at the University of Richmond in Virginia, told Bloomberg Business Week. “As a German company, Bayer probably would like to avoid the risks and costs of litigation in U.S. courts. Mediation tends to be a less expensive way to deal with these kinds of cases.”

Although the Yaz settlements have not been officially confirmed by Bayer at this time, a U.S. spokesman for Bayer, Rosemarie Yancosek, told Bloomberg in an emailed statement, “Bayer HealthCare confirms that some cases are pending in the current Yaz/Yasmin  litigation in the U.S. are being settled.” However, Yancosek refused to comment at the time on the number of Yaz settlements or the money offered to those suffering from Yaz blood clots and other serious side effects.

Yaz Lawsuit Filers May See Settlements in Future

In February, a filing by the U.S. Securities and Exchange Commission verified that Bayer had offered 70 Yaz settlements to users of the oral contraceptive that had been injured by Yaz blood clots and other side effects. This recent report indicates that the number of Yaz settlements may be on the rise by signficiant proportions, particularly in light of a statement by a Bayer official that said, “Bayer will continue to consider the option of settling individual lawsuits in the U.S. on a case-by-case basis.” This means that others who has filed a Yaz lawsuit may be looking at the possibility of Yaz settlements in the future, particularly those that are currently assigned to the Illinois MDL, as mediation is continuing.

Bayer indicates Yaz settlements have been reached

In their 2011 Annual Financial Report, Bayer indicated in their legal risks section that some Yaz settlements had been reached. The details of settlement amounts have not yet been disclosed, but the company indicated that they will continue to review each Yaz blood clots lawsuit, and evaluate potential Yaz settlements on an individual basis.

News of the settlements comes on the heels of the order postponing the first bellwether trial in the current Yaz multidistrict litigation (MDL) proceeding in Illinois. In January 2012, Judge Herndon ordered both sides to sit down with special master Professor Stephen Saltzburg of the George Washington School of law for mediation.

It is not known whether or not the settled cases were part of the MDL, but the fact that Bayer has finally agreed to even a small amount of Yaz settlements bodes well for the other 11,000-plus plaintiffs.

Bayer feeling the pressure of studies on Yaz blood clots

Bayer has faced increasing concern over Yaz side effects like Yaz blood clots. In December 2011, an independent advisory panel announced that the Yaz warning label was insufficient, and should contain more information on the risk of Yaz blood clots.

An earlier FDA analysis of adverse event reports found that women taking Yaz were an increased risk of Yaz blood clots, while a Danish study reported that women on Yaz experienced twice the risk of Yaz blood clots as women taking other types of birth control.

Thousands of women filing Yaz pulmonary embolism lawsuits

Yaz blood clots can lead to serious and life-threatening conditions, including Yaz pulmonary embolism (blood clot in the lung) and Yaz stroke.

Lawsuit complaints cite studies that indicate the progestin used in Yaz—drospirenone, a newer form than that used in older oral contraceptives—puts women more at risk for Yaz blood clots. All birth control pills carry a risk of blood clots, but studies have indicated that drospirenone increases the risk significantly more than older progestins.

Most women filing Yaz lawsuits claim that Bayer failed to warn about the dangers of Yaz blood clots, and should have done more to be sure that physicians and patients were aware of the increased risks. They also typically claim that Bayer inflated the benefits of these pills in their early advertising, convincing women to switch from other oral contraceptives.

Bayer has maintained that its products are safe, and has not admitted to any wrongdoing.

Suit joins others in seeking Yaz settlements

Praus looks to join the list of plaintiffs who have successfully obtained Yaz settlements due to the fact that, in her belief, the defendants concealed their knowledge of Yaz defects, failed to perform sufficient testing, and failed to take into consideration warnings form the FDA.

As a result, Praus states that women using the birth control pills are at risk of dangerous side effects including Yaz blood clots, Yaz gallbladder disease, and Yaz stroke.

According to Yaz lawsuit information available in regard to Praus’ case, she claims that she started taking Yaz and Yasmin in 2002, and used it as directed. In 2004, she suffered an alleged Yaz deep vein thrombosis, and as a result sustained severe and permanent injuries.

Yaz deep vein thrombosis (DVT) describes a condition in which a blood clot forms in a vein deep in the body, typically in the lower leg or thigh. The danger of such Yaz blood clots is that they can break off and travel to other parts of the body through the bloodstream, possibly lodging in an artery in the lungs and blocking blood flow (Yaz pulmonary embolism).

DVT increases risk for Yaz stroke

Danish researchers found that those suffering from DVT are more at risk for stroke.

On October 27, 2011, the FDA released a drug study report that showed that Yaz and other birth control pills that contain the progestin “drospirenone” were associated with an increased risk for side effects like DVT and ischemic Yaz stroke.

Yaz lawsuit information includes early reports of side effects

Like other women seeking Yaz settlements, Praus claims the defendants knew about the risks for side effects like Yaz stroke, but failed to adequately warn the public about them. In her complaint, she notes that in April 2002, the British Medical Journal reported that the Dutch College of General Practitioners recommended that older birth control pills be prescribed instead of Yasmin because of reports of venous thrombosis (blood clots) among women taking Yasmin.

Plaintiff seeks Yaz settlements to cover costs

Praus seeks Yaz settlements to compensate for her alleged injuries, both past and present, as well as for medical expenses, costs for rehabilitation and home health care, loss of income, permanent disability, and pain and suffering.

Any FDA decision that highlights the risks associated with Yaz or bans the drug altogether could greatly help the case of a Yaz lawyer.

Increased risk of Yaz blood clots draws FDA attention

The FDA has repeatedly taken note of the health risks associated with Yaz and Yasmin, particularly Yaz blood clots. Thus far in 2011, the FDA has issue two warnings about the oral contraceptives, indicating that the national health agency “remains concerned” about the increased risk of Yaz blood clots and other potentially life-threatening side effects associated with the birth control pills.

Yaz and its predecessor, Yasmin, both contain a synthetic female sex hormone known as drospirenone. Studies show that while all birth control pills bring an increased risk of blood clots, the risk is even greater with drospirenone-containing pills such as Yaz and Yasmin.

Upcoming meeting will examine “conflicting” data concerning Yaz blood clots

The FDA is set to hold a meeting with the Reproductive Health Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee on December 8 to sift through the mountain of “conflicting” data concerning Yasmin and Yaz blood clots, including six published studies that offer inconsistent information about the safety of the drugs. After the meeting, the FDA will likely come to a conclusion about the risks associated with these birth control pills. Their decision will undoubtedly impact the ability of a Yaz lawyer to make a compelling case against Bayer.

Outcome of FDA meeting will likely affect Yaz lawsuit settlement amounts

The outcome of that FDA meeting should also have a great effect on Yaz lawsuit settlement amounts. If the FDA revises drug labels, issues stricter warnings regarding the birth control bills or pulls the pills from the market altogether due to the prevalence of Yaz blood clots, that should help the case of a Yaz lawyer and likely increase awards that plaintiffs filing a Yasmin lawsuit receive.

Yaz blood clots are potentially fatal

Yaz blood clots can lead to severe events such as pulmonary embolism, when a clot travels to the lungs and impairs the ability to breathe, or stroke, when a clot travels to the brain and blocks the flow of blood. Both can lead to death.

With these kinds of severe side effects, it’s not surprising that the FDA is closely examining the safety of the drug while numerous patients have sought help from a Yaz lawyer and filed a Yaz or Yasmin lawsuit seeking damages from Bayer.

A Yaz lawyer files a new Yasmin lawsuit in Brooklyn

According to her official court complaint, filed on October 3, 2011, plaintiff Cruz took the birth control pills, which combine estrogen and a controversial diuretic called drospirenone, from March 2008 to October 2008. As a result, she claims in her Yasmin lawsuit to have suffered from heart arrhythmia, myocardial infarction, and stroke in the cerebral artery – a stroke.

As anyone who keeps up on the latest Yaz lawsuit information will be aware, court dockets across the country are filling up with personal injury cases in which plaintiffs allege that oral contraceptive maker Bayer failed to warn them about the serious risks of dangerous side effects such as Yaz pulmonary embolism, blood clots, heart attack, and sudden death.

In her Yasmin lawsuit, Cruz alleges that Bayer “negligently and fraudulently represented to the medical and healthcare community, the FDA and the public in general that Yaz/Yasmin had been tested and was found to be safe.” She further charges that the German drug manufacturer “… concealed their knowledge of Yaz/Yasmin’s defects … with the intent of defrauding and deceiving” the public.

All told, according to Cruz and her Yaz lawyer, Bayer’s negligence amounts to “callous and depraved indifference to [the public’s] health, safety, and welfare.”

Yaz lawsuit information contradicts marketing

Cruz and her Yaz lawyer believe that Bayer marketed the drug despite the fact that the FDA’s Medwatch adverse events reporting system was filled with submissions of “staggering, serious adverse events,” such as Yaz pulmonary embolism, heart arrhythmia, hyperkalemia, atrial fibrillation, tachycardia, bradycardia, myocardial infarction, and stroke.  This sort of Yaz lawsuit information has helped educate consumers about the dangers associated with the drug.

Yaz pulmonary embolism and other lawsuits seek settlements

Some injured patients who have considered filing suit have sought Yaz lawsuit information about the kinds of damages they are eligible to pursue. In Cruz’s case, she seeks compensatory, punitive and exemplary damages for the “wanton, willful, reckless and fraudulent acts” of Bayer, which marketed the birth control pills despite being aware of the risks of side effects such as Yaz pulmonary embolism and blood clots.

Cruz additionally seeks compensation for the mental anguish, psychological trauma and emotional distress that resulted from her injuries, as well as attorney’s fees and all other costs resulting from her Yasmin lawsuit.

As Ms. Cruz waits for events in her case to develop, her Yaz lawyer will monitor updates in both the medical and legal communities.  The FDA is expected to release a report on Yaz pulmonary embolism before the end of the year.  Meanwhile, the first bellwether trials inch one step closer to their day in court.  Yaz pulmonary embolism will be among the first injuries argued before a judge.

While potential Yaz lawsuit settlement amounts are unclear, the settlement sums could be affected by the outcome of a meeting the FDA will hold with the Reproductive Health Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee, scheduled for December 8.

FDA meeting to discuss health risks, including Yasmin pulmonary embolism and stroke

At the meeting, the FDA will evaluate the risks associated with Yaz and Yasmin, including gallbladder disease, blood clots, deep vein thrombosis, Yasmin pulmonary embolism and stroke. The FDA has already issued two safety warnings about the birth control pills – on May 31, 2011, and more recently, September 26, 2011 – indicating that the national agency “remains concerned” about the potential risks of Yaz and Yasmin, and that the “conflicting” evidence about the health risks associated with the contraceptives warrants further scrutiny.

Both Yaz and Yasmin contain drospirenone, a synthetic female sex hormone. While all birth control pills bring an increased risk of blood clots, studies have suggested that the risk of blood clots is even greater with drospirenone-containing oral contraceptives such as Yaz and Yasmin. Blood clots can have severe and often fatal consequences, including stroke and pulmonary embolism.

Another common side effect of Yaz is gallbladder disease, which can refer to the inflammation and/or infection of the gallbladder, the formation of gallstones, or any obstruction of the gallbladder. In severe cases, as was the case for plaintiffs Lopez and Endick, the gallbladder must be removed.

FDA meeting could affect Yaz lawsuit settlement amounts

The lawsuits filed by Lopez and Endick join more than 6,000 lawsuits already filed against Bayer, claiming that the corporation was negligent in publicizing the serious and potentially fatal side effects of Yaz and Yasmin. If the FDA decides to issue stricter warnings regarding the use of drospirenone-containing birth control pills, or ban them altogether, that will likely have a major effect on Yaz lawsuit settlement amounts.