Yasmin, Yaz Trial Schedule Established in Pennsylvania

A trial schedule has been established in the consolidated Pennsylvania state court litigation over Yaz and Yasmin birth control, which closely mirrors the bellwether trial schedule in the federal multidistrict litigation (MDL), where the first trials expected to begin in September 2011. 

Thousands of similar Yaz lawsuits and Yasmin lawsuits are pending in various courts throughout the United States. The complaints involve claims filed by women who allege that they suffered pulmonary embolism, deep vein thrombosis, stroke, gallbladder injury or other health problem as a result of the popular birth control pills.

In federal court, all of the cases have been consolidated in an MDL, which is centralized in the U.S. District Court for the Southern District of Illinois before Chief Judge David R. Herndon. In state court, cases have also been consolidated for pretrial proceedings in Pennsylvania before Judge Sandra Mazer Moss and in New Jersey before Judge Brian R. Martinotti.

In October 2010, a Case Management Order was established in the federal MDL, scheduling three bellwether trials, which are typically used to help the parties gauge the strengths or weaknesses of their case and facilitate a potential Yaz settlement. The first trial in the federal MDL is scheduled to begin in federal court on September 12, 2011, involving a Yaz pulmonary embolism lawsuit. The second trial, which will involve a Yaz gallbladder lawsuit, has been set for trial in federal court on January 9, 2012. The third trial involving a venus thromboembolism, such as a deep vein thrombosis from Yaz, will begin on April 2, 2012.

According to an order issued last month, Judge Moss has established a similar trial schedule in Pennsylvania state court. However, two cases in Pennsylvania state court will be set for trial from each injury group, including one selected by the plaintiffs and one selected by the drug maker.

Pulmonary embolism lawsuits over Yaz in Pennsylvania state court have been scheduled for trial to begin on September 26, 2011 and October 24, 2011. The Pennsylvania gallbladder lawsuits over Yaz will begin on January 23, 2012 and February 20, 2012. The third group of trials, involving venous thromboembolism injuries other than pulmonary embolism, will begin on April 30, 2012 and May 30, 2012. For each pair of cases, the first trial date will be a case selected by the plaintiffs and the second will be a case selected by Bayer, the manufacturer of the birth control pills.

According to allegations raised in the complaints, the increased risk of Yaz, Yasmin and Ocella health problems appear to be linked to the use of drospirenone. This new “fourth” generation progestin, which is not used in any other type of oral birth control pill, can increase blood potassium levels, causing a condition known as hyperkalemia, which is known to cause heart problems and other issues. Lawsuits allege that Bayer failed to adequately research the risks associated with Yaz and Yasmin, or adequately warn women about the extent of the risk they may face compared to other oral birth control pills.