Updated: July 31, 2015
In an act of frustration over the paralytic pace of settlement proceedings in over 3,400 remaining Yaz, Yasmin and related birth control lawsuits, US District Judge David Herdon has chosen to remand cases out of MDL to the district courts of origin. Since 2009 the more than 12,000 claims related to Yaz, Yasmin and related products made by Bayer have been under MDL in the US District Court of Southern Florida. Pharmaceutical manufacturer Bayer has already reached settlements in thousands of claims concerned with venous thrombotic event injuries, as well as those cases stemming from gallbladder injury. Remaining cases primarily involve arterial thrombotic events and patent foramen injuries which Bayer refuses to settle.
Judge Herndon’s vexation with Bayer was evident in a case management order issued on February 13, 2015.
“[G]iven the history of this litigation, the undersigned judge has become convinced that the strategy going forward, on the part of the defendants, is one of attrition not market place analysis in the VTE cases and virtually not negotiating ATE cases,” wrote Judge Herndon. “Therefore, even though an MDL judge certainly can and should be helpful to the litigation, part and parcel to the pretrial discovery by facilitating settlement, but when that settlement posture must come from wearing everyone down over time or expecting an entire group of catastrophically injured women, for the most part, to simply drop their claims, the MDL judge is not properly exercising his duties by simply standing by or dragging the pretrial proceedings out.”
Under such restructuring, only claims filed in the Southern District of Florida outside of the MDL would be heard by Judge Herndon. A bellwether case will be heard for 10 days beginning to June 15, 2015 to encourage Bayer to negotiate. On or around July 1, 2015 Judge Herndon will formally petition the US Judicial Panel on Multi-district Litigation to remand the cases to their own districts.
Bayer Healthcare in their second quarter investor report released in July 2015 disclosed that the company has paid $1.97 billion to settle 9,000 Yaz and Yasmin claims of clot injuries resulting from use of Yaz and Yasmin. As of July 17th, nearly 1,200 of the remaining 4,000 claims involve related arterial thromboembolic injuries which Bayer had previously been unwilling to settle.
If you have taken Yaz or Yasmin, or another birth control pill containing drospirenone, you may be entitled to compensation. Contact Arentz Law Group today at 1-800-305-6000 for a free, confidential legal consultation.