Here Is Why Aetna Wants To Know Whether You Have Filed A Gallbladder Or A Blood Clot Lawsuit Against Bayer
We have learned that women who took the birth control pills YAZ, Yasmin, or Ocella while they had medical insurance from Aetna are receiving letters asking questions such as:
- Did you suffer any cardiovascular - or gallbladder - related injury or injuries during or after [the period when you used Yaz, Yasmin, or Ocella]?
- Have you pursued, are you pursuing, or do you intend to pursue a personal injury claim related to your use of Yaz, Yasmin, or Ocella?
- Have you hired or do you plan to hire an attorney to represent you in this claim?
To date, thousands of women who have suffered a cardiovascular, or blood clot, related side effect such as a pulmonary embolism (PE), deep vein thrombosis (DVT), or stroke (CVA), or have had their gallbladder removed, after using YAZ, Yasmin, or Ocella have filed lawsuits against Bayer HealthCare Pharmaceuticals Inc.
The drug safety controversy concerning these popular birth control pills containing the relatively new progestin drospirenone (DRSP) was recently featured on Nightline from ABC News: "Yaz Birth Control Investigation".
Our law firm has been filing personal injury and wrongful lawsuits involving YAZ, Yasmin, and Ocella since July 2009, and we continue to hear from more women each week -- including some women who have contacted us in recent weeks after getting this Aetna letter.
At our Drug Injury Law website we have more information about YAZ, Yasmin, and Ocella as well as the several other DRSP birth control pills which are currently available in the US: Beyaz, Safyral, Gianvi, Zarah, Loryna, and Syeda.
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Returning to the letter from Aetna asking a woman about her use of Yaz, Yasmin, and Ocella, one could read that letter as this insurance company actually encouraging a woman who suffered a serious blood clot side effect like a PE, DVT, or stroke to sue the drug companies Bayer and Teva Pharmaceuticals, which sells Ocella.
This Aetna letter may raise a question for some people: Why would a health insurance company such as Aetna want a person to sue a drug company like Bayer or Teva? The answer is addressed briefly in the Aetna YAZ / Yasmin / Ocella letter:
The manufacturers of these drugs may be financially responsible for claims related to any injury or illness that you may have suffered as a result.... If Yaz's manufacturer is responsible for health care claims, we may be able to recover the costs of the medical care from the manufacturer....
Let us try to put this statement by Aetna into context and explain why it is (still) worth your while to file a YAZ / Yasmin / Ocella lawsuit -- for reasons other than just helping Aetna recover from Bayer and Teva the directly-related medical costs that Aetna paid for your PE, DVT, stroke, or gallbladder removal surgery.
The concept of an insurance company getting reimbursed from a lawsuit recovery for medical expenses paid by the insurance company on your behalf for any injury which was due to the actions or conduct of a third party, e.g., the drug company, is generally referred to as "subrogation".
Aetna, or any other insurance company, would only get reimbursed for the directly-related medical costs which it paid. The "damages" aspect of your YAZ / Yasmin / Ocella drug injury lawsuit would include, in addition to those medical costs, any lost income, your pain and suffering, etc. -- such that there would (still) be legal compensation money paid to you even after the insurance company's subrogation claim had been reimbursed out of the lawsuit settlement money or trial verdict amount.
If you have suffered a serious blood clot side effect like a PE, DVT, or stroke, or had to have your gallbladder removed, after using YAZ, Yasmin, or Ocella, we would be interested in helping you file a lawsuit against the drug companies Bayer and Teva. You can begin this process by completing our online Case Evaluation form or you can call us on our toll-free number: 800-426-9535.
And to our friends at Aetna: You should consider sending a similar drug injury subrogation letter to women who have used the NuvaRing birth control product from Merck, Schering-Plough, and Organon.
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