Wednesday, January 18, 2012

Mediation Over Trial in Yaz MDL


The mulditistrict litigation case involving Yaz birth control has been consolidated in the Southern District of Illinois and is being presided over by Judge David R. Herndon. Now, this judge has decided to go forward with mediation as opposed to a trial for the first Yaz case out of the many that are involved in the litigation. Thousands of cases are involved in the multi district litigation, filed by women who have experienced side effects associated with Yaz and Yasmin birth control medication. 
According to some reports, Yaz is the fourth most popular birth control pill in the United States, although it is one of those with the most Yaz side effects. Thousands of plaintiffs have become involved in litigation against Bayer Pharmaceuticals, holding them accountable for Yaz and Yasmin side effects. Yaz blood clots, stroke, heart attack, Yaz deep vein thrombosis, and pulmonary embolism have all been cited in Yaz birth control lawsuits.

Judge Herndon initially scheduled the first bellwether trial for the 12th of January, 2012, but on the last day of 2011, he announced that he would implement mediation in the trials with the intent of bringing about pre-trial Yaz settlements for at least some plaintiffs. This would help speed up the litigation process in order to provide money for plaintiffs who deserve it more quickly.
Professor Stephen Saltzburg of George Washington School of Law will preside as Special Master during the mediation. 
One of the major claims in many Yaz lawsuits is that Bayer advertised the drug as safer than the competition, when in reality Yaz users experience many more side effects than users of other forms of hormonal birth control. Bayer lawyers for the defendant were the ones that made the initial request to postpone bellwether trials and order mediation, but the move could work out positively for those on either side. 
The first bellwether trial was scheduled to be Kerry Sims vs. Bayer Corporation. This case has been put on hold until further notice. 

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