Eye on Litigation

YAZ lawsuits are increasing throughout the country.  As of recently, a total of 32 federal lawsuits have been filed throughout the United States on behalf of YAZ victims.  These suits state claims sounding in strict liability, negligence, and failure to warn.   

On July 24, 2009, lawyers representing YAZ victims filed a petition with the United States Judicial Panel on Multidistrict Litigation seeking consolidation and centralization of all federal Yasmin and YAZ suits in front of Judge Carr in the United States District Court for the Northern District of Ohio.  Consolidating all of the cases in a multidistrict litigation (MDL) would bring all individual cases in front of one judge for pretrial purposes, such as discovery, depositions, and settlement discussions.  Utilizing an MDL promotes efficiency and consistency—rather than having many individual cases throughout the country, each and every case is grouped in front of a single court prior to trial.  The Panel will hold a hearing on September 24, 2009 to determine if consolidation in the MDL is appropriate.

The suits are against Bayer Pharmaceuticals Corporation and other Bayer related companies—companies responsible for the manufacturing of Yasmin and YAZ products. 

Bayer is a global medical conglomerate which has reported sales in the billions of dollars since the launch of Yasmin and YAZ in the birth control market in 2001.  This birth control has been reported as one of the highest earning drugs manufactured by Bayer in recent years.  In 2008, Bayer made more than $600 million dollars from it! 

Despite the growing numbers of lawsuits against it, Bayer is still raking in huge profits from women who use YAZ and Yasmin.  It recently published its 2009 Second Quarter Financial Report labeling the group of YAZ contraceptives to be its best selling pharmaceutical line with an increase of 4.1% since last quarter.  Its combined sales from these drugs amounted to an astonishing $915 million for just the first half of 2009!  Showing just how large of a company Bayer is, these YAZ products account for about 12.32% of all of Bayer’s pharmaceutical sales during this second quarter of 2009. 

Interestingly, Bayer’s report mentions another type of progestin that may be used in its drugs.  In October 2008, Bayer announced European approval for the launch of a new oral contraceptive using yet another new synthetic progestin called Dienogest.  In its release, Bayer states “For the first time, the use of estradiol in oral contraceptives is made possible with Qlaira® through the combination of estradiol with the progestin dienogest in a unique dosing regimen.”  The product is currently unavailable in the United States; it is only available in certain European countries, including Germany.  However, Bayer states that “further launches are planned for the fall of 2009.”  This will be an interesting development if the drug is approved for use in the United States.   

Two recent articles published in the British Medical Journal confirm the dangerous risks posed by YAZ and Yasmin.  One of those studies assesses the thrombotic risk associated with the oral contraceptive and the other likewise assesses the increased risk of venous thrombosis in women using these contraceptives. 

If you, or someone you love, have experienced birth control side effects from using Yasmin, YAZ or Ocella, and would like the attorneys at Nolan Law Group to review your case, please contact us.