Commentary by Zebersky Payne Shaw Lewenz, LLP:
A proposed Bayer settlement has been reached in the Bayer Yaz/Yasmin/Ocella Multidistrict Litigation. The multi-million dollar settlement, which has been preliminarily approved by the Court, would provide compensation for 32 claimants. The Settlement Allocation Model employs a point-based system, with points assigned to primary injuries and with injury modifiers that adjust either positively or negatively to calculate each individual client’s allocated award.
Primary injuries include:
pulmonary embolism (“PE”)
deep vein thrombosis (“DVT”)
other blood clots
myocardial infarction (“MI”)
transient ischemic attack (“TIA”)
other serious injuries.
Zebersky Payne Shaw Lewenz, LLP has been instrumental in bringing a full cup of justice to persons who have been victim to Bayer’s putting profits over people. According to Todd Payne, “This is a step in the right direction to compensate those whose lives have been altered because of Yaz, Yasmin and Ocella.” However, lengthy legal proceedings still must be evaluated and finalized.
Not Bayer’s First Lawsuit
In 2012, Bayer’s pharmaceutical division earnings declined 43.3 percent, largely due to $1.5 billion in reserves that the company has set aside for legal claims over the contraceptives Yaz, Yasmin and Ocella.
Users of the oral contraceptives started to file claims when the FDA informed consumers in April of 2012 that drospirenone – the active synthetic hormone in Yaz and Yasmin- might be associated with an increased risk of serious blood clots. Nearly one year later, Bayer faces roughly 10,000 pending legal actions related to Yaz and Yasmin blood clot injuries. Additionally, 1,200 pending claims have not yet been filed in court.
Claimants against the large pharmaceutical company are demanding compensation for their personal injuries alleging that Bayer failed to properly warn them of Yaz, Yasmin and Ocella’s severe side effects and complications. A British Medical Journal study found that drospirenone can elevate the risk of blood clots, pulmonary embolism, and deep vein thrombosis by as much as 74 percent. Consumers argue that Bayer should have properly communicated the risk of taking these oral contraceptives.
Just recently Bayer has also agreed to settle cases involving gallbladder disease. Bayer has agreed to a settlement program in which the company will allow plaintiffs who suffered gallbladder injuries to secure recovery. Under the terms of the settlement, Bayer will award $2,000 to women who can establish they suffered a gallbladder injury, and $3,000 to women who experienced gallbladder removal surgery. However, the total amount in settlements that Bayer will pay is capped at $24 million.
Filing a pharmaceutical liability claim against a large pharmaceutical company can be a daunting and complex task. It is crucial to understand all of the requirements and regulatory processes for developing and producing drugs. The trial attorneys at Zebersky Payne Shaw Lewenz, LLP know how to investigate the connection between a dangerous drug and your medical condition or injury and aggressively pursue your pharmaceutical liability claim. If you suspect that you have been injured by a drug, contact Zebersky Payne Shaw Lewenz, LLP today for an evaluation of your claim.