Quoted from http://www.law.com/jsp/article.jsp?id=1202436313425&Court_Hears_Contraceptive_Questions_Debate_in_Yaz_Litigation
Court Hears Contraceptive Questions Debate in Yaz Litigation
Amaris Elliott-Engel
The Legal Intelligencer
December 14, 2009
Defense lawyers in the Yaz mass tort litigation in Philadelphia Common Pleas Court want to ask about the comprehensive history of contraceptive use by plaintiffs alleging that the birth control pills Yaz, Yasmin and Ocella caused them injury. Plaintiffs lawyers are in opposition out of the concern that some plaintiffs will be dissuaded from continuing their lawsuits because of questions that would delve into their sexual history.
A hearing was held Friday on whether the defendants could ask plaintiffs on a litigation questionnaire about any contraceptive methods they have used to prevent pregnancy beyond hormonal birth control methods. The Yaz/Yasmin/Ocella mass tort cases will likely become one of the high-volume programs in Philadelphia's Complex Litigation Center.
During the hearing, Judge Sandra Mazer Moss, coordinating judge of Philadelphia's mass torts program, said she was surprised the defendants weren't asking how many partners the female plaintiffs had.
"Then we could put out a brochure and everyone will know," Moss said.
As much as the judge appeared to indicate that the defendants might be overreaching, the judge said that the defendants are entitled to some information about other contraceptives the plaintiffs have used. The pharmaceutical company defendants include Bayer Corp., which is headquartered in Pittsburgh and is one of the several Bayer corporate entities being sued in the litigation.