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Yasmin Litigation Update

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Washington, DCAttorneys representing Yasmin and Yaz plaintiffs nationwide are being contacted by Bayer to possibly reach settlements for their clients with pulmonary embolism and/or deep vein thrombosis (DVT) claims. One Yasmin attorney advises all claimants to ascertain whether their lawyer has been contacted by Bayer to reach a settlement and whether the amount offered by Bayer is fair.

As of February 1, 2012, about 11,300 lawsuits from people who have suffered personal injuries from Yasmin or Yaz are pending nationwide, according to Bayer's 2011 Annual Report, which increased from 6,850 in 2010. Personal injuries range from gallbladder problems to DVT and pulmonary embolism.

Seventy Yasmin/Yaz cases had settled by February 13, 2012, and Bayer says it is continuing on a case-by-case basis throughout the US. Those law firms with the largest number of cases—about 100 or more—are now being contacted. Currently, Bayer is actively involved in DVT and pulmonary embolism cases. Gallbladder cases will be explored at a later date.

The first multidistrict litigation (MDL) case was set for trial involving pulmonary embolism, but shortly before trial (December 2011), Bayer asked the court for a continuance to explore the possibility of settlements with all plaintiffs, firm by firm.

As well, the bellwether trials, which were to begin January 9, 2011, have been postponed. Instead, the court found that both plaintiffs and defendants would be better served by mediation and the court appointed Professor Stephen Saltzburg of George Washington School of Law, Washington D.C., as mediator. Judge David Herndon—who is presiding over the Yasmin/Yaz federal MDL—has given both parties the entire month of March to mediate and has ordered each party to negotiate in good faith—particularly because Bayer asked for a continuance, which means the trial originally set has been postponed and the judge will choose a later date.

According to a Yasmin personal injury attorney, Bayer will either have to settle all of its cases or go to trial: it all depends on the results of these first settlements.

If your attorney hasn't called yet, give them a call and find out if any meetings have been set up with Bayer. And keep in mind that a lot of firms having less than, say, 15 cases, have likely not been contacted—yet.

As well as Yasmin and Yaz, Bayer also manages product liability litigation for Ocella and Gianvi, pursuant to agreements in 2008 and 2010.

Plaintiffs claim that Bayer knew, or should have known, of the alleged risks and should be held liable for having failed to disclose them or adequately warn users of Yasmin and/or Yaz. Plaintiffs that suffered from pulmonary embolism and/or DVTs are seeking compensatory and punitive damages against Bayer.

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