Following the lead of the Federal Court ordered mediation in the Yaz/Yasmin litigation, the Pennsylvania state court judge has entered a similar order.
Judge Moss, who is managing thousands of cases in Philadelphia state court, required mediation in an order published on January 6, 2012. Judge Moss’s order comes just one week after a federal judge entered a similar order.
Both judges appointed Professor Stephen Saltzburg of George Washington School of Law, Washington D.C., to assist in the mediation.
Plaintiffs are hopeful that this is good news for women across the country who have been injured by Yaz, Yasmin and Ocella birth control pills and they are hoping that this mediation paves the way for a global Yaz settlement.
The parties have been ordered to negotiate in good faith, but this does not mean that they will be able to come to an agreement.
IT IS ORDERED THAT IN CONJUNCTION WITH THE HONORABLE DAVID HERNDON’S 12/31/11 CASE MANAGEMENT ORDER #53, THE COURT APPOINTS PROFESSOR STEPHEN SALTZBURG OF GEORGE WASHINGTON SCHOOL OF LAW, WASHINGTON DC, AS SPECIAL MASTER FOR PURPOSES OF MEDIATION, WITH ALL HIS EXPENSES AND FEES TO BE BORNE EQUALLY BY PLTFS AND DEFENSE SIDES. PHILA LIAISON COUNSEL ARE ORDERED TO COORDINATE WITH THE MDL LEADERSHIP TEAMS AND TO PARTICIPATE IN ALL ORGANIZATIONAL MEETINGS WITH PROFESSOR SALTZBURG. PROFESSOR SALTZBURG SHALL CONSIDER AND UTILIZE EVERY REASONABLE MEDIATION OPTION AVAILABLE TO EFFECTUATE SETTLEMENTS IN THIS LITIGATION. EACH PARTY IS ORDERED TO NEGOTIATE IN GOOD FAITH. IT IS FURTHER ORDERED SINCE THE CASE OF BODNAR V. BAYER, #1003-2173, SET FOR A FEBRUARY 2012 TRIAL, NOT BEING SUBJECT TO THE SUPREME COURT OF PA KING’S BENCH PETITION, IS CONTINUED TO MAY 2012 SO THE COURT CAN EVALUATE THE MEDIATION’S PROGRESS AND CHANCES FOR SUCCESS. BY THE COURT …MOSS,J 1/6/12