Attorney Brown started Yasmin litigation about seven years ago. He closely examined the new generations of birth control pills and soon represented several hundred clients who had injuries from NuvaRing, Yasmin, Yaz, Ocella and Beyaz.
Brown and his law firm believes that Bayer Pharmaceuticals and other companies that use the drospirenone hormone in their birth control products “dropped the ball” by not adequately warning the consumer about the real risks involved. He asks some provocative questions that Yasmin victims want the answers to; questions such as why would the FDA even let this product exist? And with advances in technology and medicine, why are drugs getting riskier rather than safer?
“There isn’t even a real cost benefit to Yasmin,” Brown adds. “In fact, Yasmin is often more expensive than other birth control pills so the consumer can’t even weigh the benefits of this product costing less than its competitors. So there is absolutely no reason why the FDA hasn’t withdrawn this product.”
Brown adds that the FDA is well aware of Yasmin problems, as evidenced by its Adverse Events report issued in May 2012. “This report forced Bayer to change its label to more directly tell the consumer they double the risk of earlier generation birth control pills, but the agency wouldn’t go so far as to totally protect women and take Yasmin and other fourth-generation birth control pills off the market.”
Why hasn’t the FDA taken a tougher stand on these birth control pills? Brown believes it is because there is a disconnect between the pharmaceutical companies and the medical community, the latter only hearing pharmaceutical propaganda via representatives giving away free samples and perks, such as lavish dinners and swanky vacations.
“Another reason is that the relationship between pharmaceutical companies and the FDA is incestuous,” Brown quips. “A lot of former FDA employees have secured lucrative jobs within these pharma companies. And one more reason: If you read the FDA filings, they complain abut being overworked and understaffed so we shouldn’t look to them to police these companies.”
Alone we stand?
“Doctors may ask these sales reps about litigation but I can imagine the answer: that plaintiffs’ attorneys are being greedy,” says Brown. “But when someone suffers a Yasmin pulmonary embolism, their life is fundamentally altered forever. It becomes a serious issue for the rest of their lives: They will be considered high risk for blood clots; it will be dangerous to travel and to have surgeries; and they could experience complications in childbirth.”
Video: What Causes Pulmonary Embolism? Attorney Jason Brown Explains
It is very complicated bringing a child to term. These women, god bless them, have to inject themselves in the belly with Lovenox every day to carry a baby full term. Furthermore, if a pulmonary embolism is not found, it can shut down the lungs and lead to death. The same goes with deep vein thrombosis (DVT) anywhere in the body, and that can cause stroke and worse.
“I am handling a recent case that settled with Bayer that involved a young lady whose life plan changed,” says Brown. “Instead of a large family, she must settle for one child because she couldn’t deal with injections in the belly every day. She had two miscarriages before this child was born and feels too sad to deal with possibly more miscarriages. As well, it is mentally and physically a challenge bringing a baby to term after suffering a pulmonary embolism.”
“There really has been a delineation with the settlement of these cases, mainly because the science is different when it comes to the artery and the vein,” explains Brown. “All strokes are very serious events but Bayer has only resolved the non-arterial or venous strokes. Another kind of non-arterial stroke, venous thrombosis, will also be settled. The negotiations about arterial events are ongoing and none have been settled to my knowledge.”
Brown says that anyone can still file a Yasmin case but Bayer will not resolve those cases after its label change of May 2012. Theoretically, your injury should have occurred before or on the label change date. However, some attorneys are arguing that if your pills were purchased in a 90-day batch there should be a wider horizon: Say you received pills on May 1, 2012; you should qualify for a claim if your injury occurred at the end of July 2012.
READ MORE YASMIN BIRTH CONTROL LEGAL NEWS
“Some lawyers like me are still taking cases from women who have been injured by Yasmin,” adds Brown. “I believe this drug should be banned, but Bayer’s defense is that they have disclosed everything and the FDA approved the new disclosures. We are working on protecting women from further injuries by permanently taking these fourth-generation birth control pills off the market.”
Attorney Jason T. Brown heads the JTB Law Group. He is a former Legal Advisor and Special Agent with the FBI, and a distinguished trial attorney with millions of dollars of recoveries for his clients.