A Pulmonary Embolism Case Is Selected By Judge Herndon; More Than 6600 Lawsuits Filed Against Bayer As Of May 2011
UPDATE: The January 9, 2012 Sims v. Bayer "bellwether", or test, trial has been postponed indefintely, and Judge David Herndon has ordered mediation for the entire Yasmin and YAZ MDL litigation in order to see if some or all of these federal court lawsuits can be settled.
In May 2011 federal court Judge David R. Herndon announced that the first trial in MDL 2100 -- Yasmin and YAZ (Drospirenone) Marketing, Sales Practices and Products Liability Litigation -- will start in January 2012 and that it will be a pulmonary embolism case. At the time, there were more than 6600 YAZ / Yasmin / Ocella lawsuits filed in the MDL on behalf of more than 8000 plaintiffs.
In more detail, in mid-March 2011 the Yasmin / YAZ federal court MDL Plaintiffs Steering Committee (PSC) filed a motion to modify the Amended Case Management Order 24. This PSC motion began as follows:
The PSC respectfully moves the Court to modify Amended Case Management Order 24
(CM/ECF Doc. 1329) by modifying the Bellwether Trial Selection Plan. As will be outlined in detail below, good cause exists for this motion. The volume and complexity of discovery that needs to be completed before the expert disclosure deadline in the PE case (currently May 2, 2011), despite the parties’ best efforts to move expeditiously, make the current schedule unrealistic....
The PSC concluded their motion by suggesting to Judge Herndon a January 9, 2012 trial of the first pulmonary embolism (PE) "bellwether", or test, case.
In turn, at an April 12, 2011 Status Conference, Judge Herndon vacated the September 12, 2011 trial date for the first MDL trial and then, the following day, issued Case Management Order No. 32, in which he set forth a modified plan for the selection of a set of possible bellwether cases from which the judge would pick the lawsuit that would be the subject of the first Yasmin / YAZ MDL trial.
Finally, in the second week of May 2011 Judge Herndon announced that the first MDL trial would be a pulmonary embolism case which is expected to start in January 2012 -- about four months after the original first trial date of September 12, 2011.
We will continue to monitor developments in the Yasmin / YAZ MDL concerning the first bellwether trial date.
Meanwhile, we continue to hear from women who have suffered deep vein thrombosis (DVT) and/or pulmonary embolism (PE) or needed to have their gallbladder removed after using one of the following birth control pills that contains the progestin drospirenone (DRSP): YAZ, Yasmin, and Ocella as well as Gianvi, Zarah, Beyaz, and Safyral.
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