Many individual law suits in the USA and Canadian Class Action lawsuits are in progress over the side effects of the two similar birth control pills Yaz and Yasmin. Serious side effects include deep vein thrombosis, pulmonary embolism and very commonly loss of the gallbladder. Those cases are being fought by the manufacturer Bayer in different US districts where they are co-ordinated in Multi District Litigation (MDLs). The courts in Illinois and Pennsylvania ordered mediation to take place before cases were to go to trial in early 2012. In the mediation process Bayer agreed in early March 2012 to a settlement in 70 lawsuits. There are now as many as 3500 settlements of the most serious cases involving deep vein thrombosis or pulmonary embolism in the USA in the range of $200,000 each. Until recently there was no settlement for gallbladder cases but they are now beginning to settle for much less. Gallbladder cases are settling in the range of a few thousand dollars. Also in Canada settlements are generally much lower than they are in the US and so expectations on all cases should be lower. The earlier settlements were only for women who took Yaz or Yasmin and suffered deep vein thrombosis (blood clots) or a pulmonary embolism. We are hopeful that some progress will be made towards resolving claims in Canada after there is certification of the Canadian Yaz and Yasmin Class Action lawsuit. We are hoping they will settle gallbladder cases as well as deep vein thrombosis and pulmonary embolism cases as part of the likely future class action settlement. The greatest number of claims relate to gallbladder where nominal settlements should be expected in Canada. The pills continue to be sold and to be very profitable for Bayer. A recommendation to recall the drug was narrowly defeated by an advisory committee to the US Food and Drug Administration (FDA). Bayer has changed its advertisements and product warnings since then. THE CLASS ACTION HAS NOW BEEN LIMITED TO CLAIMS FOR INCIDENTS UP TO NOVEMBER 30, 2011 SO IF YOU HAVE A PROBLEM THAT CAME UP AFTER THAT DATE IT IS NOT INCLUDED IN THE CLASS ACTION AND IT WOULD BE GOOD TO CONTACT A LAWYER IMMEDIATELY TO PROTECT YOUR RIGHTS.
Yaz or Yasmin can cause dehydration which causes an increase in the potassium levels (hyperkalemia) and a decrease in the sodium levels (hyponatremia) in the body. As potassium acts as a key control in cardiac rhythm, this imbalance can cause hyperkalemia arrhythmias, which, in turn can cause blood clots and thrombotic events such as stroke or deep vein thrombosis, pulmonary embolism, or heart attack. Dehydration is also a risk factor for kidney stones and gallbladder disease. While other birth control pills can also cause deep vein thrombosis and other thrombotic events, the cause of those effects are from the estrogen side of the equation. The thrombotic effects of Yaz and Yasmin are from the progesterin side. While it has long been accepted that high estrogen levels can cause these adverse events, the birth control pills Yaz, Yasmin and Ocella have been marketed as having low estrogen levels, thereby having a lower risk for thrombotic events. There have been several studies that have called this into question.
The Miskin Law firm is making claims related to these oral contraceptive drugs and working with the class action court proceedings that have been started in Canada. These proceedings take a long time to advance and they stop individual law suits from proceeding for now. An application for certification of the class action was heard in the Ontario court in late January 2013 before Justice D.S. Crane. A formal decision has not yet been made but on April 15, 2013 the judge released reasons for decision where he rejected arguments against certifying the class action. He expressed concern over the proposed timetable for proceedings and there will be further discussion before a formal certification order is actually given. It is expected that a court order of certification of the class action will issue soon. Until then we are working to document our clients’ claims and we are being retained by new clients. We represent people to get them compensation both individually and through the class action process. Once there is certification by the court of the class action people will have a choice of claiming through it or trying to get more with special circumstances in an individual claim and we will explain that option to each of our clients. Contact us if you believe you have been harmed by Yaz or Yasmin. Email Murray Miskin directly: email@example.com
The following is the story of one of our firm’s clients who suffered adverse effects after using Bayer’s birth control pill Yasmin. Miskin Law Offices represents a number of clients who are involved in a class action against Bayer for Yasmin and a similar drug Yaz. The Class Action is now waiting for a court certification order. We continue to accept new clients:
I was 20 years old; about to begin my second year of college. I was put on Yasmin at a young age; not as a contraceptive, but to balance my hormones. I began taking it so that I would get my period and develop normally. I should not have been put on the drug so young, and it has resulted in not only a Pulmonary Embolism; but Deep Vein Thrombosis as well. I had numerous clots throughout my entire right leg, pelvis, and lungs. It was a miracle that I survived it. I have to take blood thinners for the rest of my life, and have been told that I may never be able to carry a child.
As a result of the incident, I was in the hospital for over a week. I was prescribed numerous pain medications for several months. I could not walk and had to return to school less than 3 weeks later or else I would have to put my career on hold for over a year in order to finish the program. (There were no openings until September of 2012). So I sucked it up and returned to school immediately on crutches; and my grades dropped drastically. I sought counseling and accessed Assisted Services within school.
Forever more, I will not be able to consume ANY other hormonal treatment for the imbalances in my body. I could have been on more natural supplements if I wasn’t so negatively affected by Yasmin. Their advertisements are inappropriate, and that they attract very young women to their product. All because of them, I have to suffer with these symptoms for the rest of my life and may not be able to carry a child. Any treatments to prepare my body for such an event would fatally harm the baby or myself. I have been severely depressed due to no periods and embarrassing hair growth. As a survivor, I wish to ensure that others are compensated for their loss. I want women to feel safe, receive justice, and know that future generations will not be affected by Yasmin. Many women have suffered like I have; writhing in pain like never before. Many have experienced the loss of a mother, sister, daughter, friend, or lover to the affects of Yasmin. I am one of the lucky few to have overcome the affect, with permanent complications as a result.
END OF YEAR UPDATE: THE FOLLOWING POST WAS WRITTEN BY MURRAY MISKIN IN EARLY 2012 NOTING THE CHANGES THEN BEING MADE BY THE MISKIN LAW FIRM. THESE CHANGES HAVE BEEN IMPLEMENTED. OUR WHITBY MAIN OFFICE CLOSED AT THE END OF OCTOBER 2012 AND MURRAY MISKIN DOES SEE CLIENTS IN WHITBY ONE DAY A WEEK BY APPOINTMENT. OUR PETERBOROUGH OFFICE IS NOW OPEN REGULAR BUSINESS HOURS. IT IS NOW PAST THE DEADLINE FOR NEW CELEBREX OR BEXTRA CLAIMS AND THE VIOXX SETTLEMENT IS ABOUT TO BE IMPLEMENTED.
Welcome to the new improved adrworks.com website. This is the website for the Murray Miskin Law Offices in Peterborough and Whitby Ontario Canada. Our website was first created in 1997 and you are seeing the new 3rd Generation of the website created on January 29, 2012 with a further major update in September 2012. The Miskin law practice is changing and we are working with associated lawyers to continue to provide services in the areas of real estate, personal injury, insurance claims, civil litigation and business law. Murray Miskin has narrowed his personal focus in the law practice due to new commitments made in the field of Alternative Dispute Resolution and to avoid conflicts of interest in mediating and arbitrating personal injury cases. Miskin Law will continue to handle claims related to mesothelioma and other asbestos disease compensation and dangerous drug claims. We are working to get payment for our clients on the recently settled Vioxx and Bextra (and Celebrex) cases and are accepting new clients who have suffered compensable injury. We are continuing to seek new clients injured by the Bayer birth control pills Yaz and Yasmin. Murray Miskin is still preparing Wills and Power of Attorney for clients and handling estates.
The Miskin Whitby office will close at the end of October 2012 and the website’s local focus has shifted to Peterborough where Murray Miskin will continue to have an office.
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Murray Miskin teaches a course in Toronto to train people to be arbitrators. The next course will be the week of June 17,2013. Lawyers taking the course get all the Professional Development credits they require for 2013. Everyone who takes the course receives a Certificate from the ADR Institute of Ontario and is qualified for Arbitrator membership in the Institute. Full details and registration is available from Miskin Law Office and at our website: www.adrworks.ca