Newark, NJOn February 18 it was determined that all Yasmin, Ocella and Yaz birth control lawsuits in New Jersey will be given mass tort status and assigned to one judge. Judge Brian R. Martinotti will oversee all litigation concerning Yasmin birth control in New Jersey state court.
The lawsuits all allege that Yasmin, Yaz and Ocella (the generic version of Yasmin) put women at risk of a number of serious injuries, including stroke, heart attack, deep vein thrombosis, pulmonary embolism and gallbladder disease. Plaintiffs allege that Bayer, the manufacturer of Yaz and Yasmin birth control pills, did not adequately study the effects of the birth control and failed to warn the public about the increased risk of serious injury compared with other forms of birth control.
There are 39 complaints in New Jersey courts involving the birth control pills, for which Assignment Judge Donald Volkert Jr. requested centralization in November 2009. Pennsylvania has also centralized pending lawsuits, and federal Yaz litigation has been consolidated in a multidistrict litigation for pretrial proceedings.
The first New Jersey trial conference is scheduled for April 26, 2010.
Bayer Healthcare defended its products, saying that it clearly stated the drug's potential side effects. The company also said that its oral contraceptives are safe if used properly.
However, plaintiffs say Bayer did not do enough to warn them about the risks. According to News Channel 3 on 2/18/10, 20-year-old Leah Mayfield died from a pulmonary embolism after passing out in the shower. Doctors told Mayfield's family that her death may have been caused by Yaz birth control, which Leah had been taking.
The family filed a lawsuit against Bayer regarding Leah's death.
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