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Bayer Finally Shelling Out $57 Million to Yasmin/Yaz Settlement Fund

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Pittsburgh, PABayer has finally agreed to set aside almost $57 million in a fund to settle Yasmin and Yaz claims outstanding as part of a multidistrict litigation program in Illinois federal court, and Yasmin/Yaz lawsuits that have been filed in Pennsylvania, New Jersey and California state courts. The settlement, which was announced August 6, will resolve arterial blood clot claims including heart attack and stroke.

One attorney for the plaintiffs said this settlement will involve approximately 1,200 cases nationwide. This settlement deal comes on the heels of Judge Herndon’s announcement last month that, due to a lack of progress settling these last cases, he would consider remanding individual cases back to the U.S. District Court where they were originally filed for individual trial dates. And back in February, Judge Herndon “expressed frustration at the apparent lack of good faith negotiations by Bayer,” which caused thousands of women to wait even longer for a resolution. Bayer’s oral contraceptives litigation has been going on for more than six years.

Yaz, Yasmin and Ocella birth control lawsuits filed against Bayer were consolidated in 2009 into a mass tort program in Pennsylvania, a federal multidistrict litigation (MDL 2100), and consolidated litigations in New Jersey and California. At its height, more than 12,000 files with multiple plaintiffs per file had been brought in the four jurisdictions, making it the largest multidistrict litigation in the nation. By February, the MDL had been reduced to about 3,400 claims, according to court documents.

Bellwether trials in Philadelphia and in the MDL were gearing up in 2012, but the litigation was stayed as Bayer began to settle thousands of blood clot claims involving pulmonary embolisms, deep vein thrombosis and/or gallbladder injury.

At the end of April, 360 cases were pending in the Philadelphia Complex Litigation Center, according to recent statistics. The first arterial blood clot-related case had been set to begin trial in late July, according to The Legal Intelligence. Now, Bayer said it will pay the $56.9 million if a certain percentage of Plaintiffs in various categories opt in, including 97.5 percent of all plaintiffs. Bayer can, however, withdraw from the program if fewer than 97.5 percent of those who are eligible participate.

Bayer Vice President Steven Immergut said in a statement that the company had agreed to settle the cases despite continuing to believe that the drugs did not carry an increased risk of arterial blood clots. “Bayer agreed to this settlement, without admission of wrongdoing or liability, in order to avoid the cost and distraction of litigation and to put the focus back on what matters most - the needs of patients.”

Although Bayer’s birth control pills containing drospirenone - Yaz, Yasmin and Ocella - brought in billions of dollars in sales (the company reported more than $1.5 billion in 2010 alone), it has paid about $2 billion to settle venous blood clot injuries claims. And it’s not over yet.

The cases are In re: Yasmin and Yaz (Drospirenone) Marketing, Sales Practices and Products Liability Litigation, case number 3:09-md-02100, in the U.S. District Court for the Southern District of Illinois; In re: Yaz, Yasmin and Ocella Litigation, case number L-11775-10, in the Superior Court of the State of New Jersey, County of Bergen; In Re: Yaz Yasmin Ocella Litigation, case number 090901307, in the Court of Common Pleas of Philadelphia County, Pennsylvania; and Yaz, Yasmin and Ocella Contraceptive Cases, Judicial Council Coordinated Proceeding No. 4608, in the Superior Court of California, County of Los Angeles.

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READER COMMENTS

Posted by

on
I lost my wife in 01/2015 due to the birth control Tri-Previfem my wife suffered a Pulmonary Embolism i have 2 young children age 8 and 6 my wife was healthy with no major health issues age 27 years old at the time of her death



Sincerely Jose
P S if anyone has suggestions at this point in my life please be kind enough to respond there is great grief and sorrow for something that could easily been avoided.....

Posted by

on
I almost died because of Yasmine...I developed a blood clot in my leg and it caused my right leg to swell with fever in it...The doctor said had I taken one more step I could have died...so now I'm on Coumadin for the rest of my life...now I have to have my PT read every month or every other month....

Posted by

on
I took ocella...I had a stroke 35 years old I have a filter in my leg.also removed a blood clot.I am very angry this happened to me I am paralyzed on the left side.

Posted by

on
An addendum:

My point is that it is not enough. Admission of guilt and an apology by Bayer would be appreciated, but that is not going to happen. Besides, it does not pay the bills. While no monetary amount can make up for everything, there at least ought to be ongoing provisions for future expenses for all of the single fathers out there now.

Posted by

on
Ruggeri, I feel for you. What a devastating loss you have suffered. I was relatively lucky as my stroke was in my cerebellum. Regardless of how severe the injury, all of us face(d) a financial impact.

Consider: $47, 500 (assuming the money is divided evenly, which I do not think is fair for people like Ruggeri, but I digress) subtract 33.3% for the lawyers (not including court costs) and the total dwindles down to $31,682.50. On top of that there will likely be liens by the insurance companies and the award could be subject to taxation (apparently, I need to pay another lawyer to determine that).

Factoring in medical expenses, which I cannot easily calculate, considering that I will need to see a neurologist and be on blood thinners for the rest of my life, whatever I am left w/will likely not recompense me monetarily. I wonder, how can anyone quantify suffering ? How much is Ruggeri's wife's life worth ?

Posted by

on
I suffered with severe uncontrollable bleeding. I have witnesses as well as my husband of these bleeding in private s well as public as a result of taking the birth control pill. yasmin

Posted by

on
1,200 cases with 59 million fund will not even make it a 50k settlement. Is it a joke? I lost my wife 6 years ago to their drug. As of today, I have no wife, no justice served, no lose of any type. 59 million divided among severely sick women, devastated families and/or families with losses like mine? Sick

Posted by

on
I think the settlement is a bunch of crap!
I lost 180,00 full-ride scholarship not to mention I am still in speech and cognitive therapy.
I have tried to go back since then and I can't even qualify for a pell grant now due to my 1.9 grade point average.
I went from a 3.5-4.0 gpa to a 1.9!
I have suicidal tendencies now and with this it just makes it even worse!

Posted by

on
This about your drug AVELOX!! My 82 year old mother had been given your drug 10-28-2011 and she had some terrible side effects while on this med and on 11-4-2011 I LOST my mother I do believe your drug was a major cause of her death. She was fine before she started taking that AVELOX. She was a happy 82 year old woman!!

Posted by

on
I have had a birth contro device when I as younger and I had to have it surgically removed. I t shifted inside me my vagina it was almost as painful as having my babies was!!????????????

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