As a Texas medical doctor and Yaz Side Effect Product Liability attorney, I am providing this litigation update regarding the increased discovery that has been allowed in the federal MDL.
NON-BELLWETHER CASE-SPECIFIC DISCOVERY.
The judge presiding over all federal Yaz lawsuits and Yasmin lawsuits has expanded the scope of discovery in the litigation beyond the selected bellwether cases. According to Judge Herndon’s most recent order, “… This matter is before the Court for case management. The Court is in the process of compiling a list of the the “oldest 100 non-bellwether” cases. Thus, a list identifying the 100 member actions that will be subject to core, case-specific discovery pursuant to Doc.  will be forthcoming…”
In essence the Court is allowing case-specific discovery to move forward in up to 100 other cases filed on behalf of women who allege that side effects of the Bayer birth control pills caused them to suffer injuries. The Court has expanded the scope of discovery beyond the 24 cases selected last year to serve as a pool of bellwether lawsuits. Case-specific discovery, including depositions of individual plaintiffs, will also now be permitted in the oldest 100 non-bellwether cases that have been filed.
About 6,350 lawsuits are now consolidated as part of the Yasmin and Yaz litigation in the U.S. District Court for the Southern District of Illinois and the number of cases is expected to only increase as Yaz, Yasmin and Ocella lawyers file additional cases.
All of the suits involve claims that Bayer failed to properly research their birth control pills or adequately warn about the increased risk of serious and potentially life-threatening injuries from the birth control pills containing drospirenone, such as a stroke, heart attack, pulmonary embolism, and deep vein thrombosis. Yaz and Yasmin were the first birth control pills to contain drospirenone, a new type of progestin.
The outcome of the bellwether trials and information obtained from the additional plaintiff depositions could help facilitate an eventual Yaz settlement agreement between the parties.
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