Yaz Attorneys Propose Extension of Discovery and Trial Schedule

Attorney involved in the federal litigation over Yaz and Yasmin birth control have filed a request for more time before the first trials start. Due to the size and complexity of the issues in the case, additional time was requested to gather and review relevant evidence in cases that have been filed by women who allege that they suffered a pulmonary embolism, gallbladder removal or other injury from side effects of Yaz, Yasmin or Ocella.

On Monday, attorneys representing plaintiffs who have brought a Yaz lawsuit, Yasmin lawsuit or Ocella lawsuit against Bayer filed a motion in federal court to extend deadlines for the discovery process, which would push back the first Yaz and Yasmin trial dates. In a separate filing, lawyers for Bayer joined in the plaintiffs’ motion for more time.

The parties have asked that the core case-specific discovery deadline for bellwether cases involving claims of a pulmonary embolism from the birth control pills to be pushed back from March 14 to April 14, and for the first trial to be pushed back from September 12, 2011, to January 9, 2012.

About 6,500 cases are currently included in the federal Yasmin and Yaz litigation. The cases have been consolidated and centralized for pretrial proceedings as part of an MDL, or multidistrict litigation, in the U.S. District Court for the Southern District of Illinois before Chief Judge David R. Herndon. Additional state court cases are consolidated in New Jersey and Pennsylvania, and the number of lawsuits is expected to grow nationwide as Yaz attorneys continue to review and file new complaints.

All of the lawsuits involve similar allegations that Bayer failed to adequately research their birth control pills or warn that Yaz and Yasmin may increase the risk of blood clots when compared to other birth control pills, potentially resulting in a stroke, pulmonary embolism, deep vein thrombosis, gallbladder disease or other life-threatening injuries.

“Despite the herculean efforts of counsel for both sides, the scope of what stands before them under the current trial schedule poses an unrealistic burden,” attorneys argue in the motion. Counsel for the plaintiffs say they have received over 50 million documents from Bayer to review and anticipate millions of more pages of documents will need to be produced before trials can commence.

According to minutes from a status conference held with Judge Herndon on Tuesday, there are 51 depositions that have already been taken in the litigation. Among defense witnesses, 23 depositions have been taken and there are 36 more to be taken, many of which will be in Europe, where Bayer is based.

In October 2010, a Case Management Order was established in the federal MDL, scheduling three bellwether Yaz and Yasmin trials to occur in September 2011, January 2012 and April 2012. Certain cases are being prepared for these early trial dates to help the parties gauge the relative strengths and weaknesses of other cases and potenitally facilitate a Yaz settlement.

The first trial will involve a Yaz pulmonary embolism lawsuit, with the second trial involving a lawsuit over gallbladder problems from Yaz and the third trial involving a venus thromboembolism, such as a deep vein thrombosis from Yaz.

Extension of the various discovery deadlines will require that all of the trial dates be pushed back. During the status conference on Tuesday, Judge Herndon indicated that the motion had not yet been ruled on. The next conference date has been scheduled for April 12, 2011.

According to allegations raised in complaints filed against Bayer, the increased risk of Yaz and Yasmin health problems appears to be linked to the use of drospirenone, a fourth generation progestin that is only found in these oral birth control pills and their generic equivalents. Drospirenone can increase blood potassium levels, causing a condition known as hyperkalemia, which is known to cause heart problems and other issues.