Yaz and Yasmin Claims Class Action Certification

Bayer’s Birth Control Products

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: miskinlaw@yahoo.com

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