Plaintiff Michelle McClure has filed a product liability lawsuit against Bayer Healthcare Inc., alleging that their birth control pills Yasmin and Yaz caused her serious health complications.
According to the lawsuit, McClure was prescribed Yaz/Yasmin in December 2008, and continued using the birth control pills until March 2010. McClure suffered from a Pulmonary Embolism (PE) in March of 2010. A Pulmonary Embolism is a dangerous blood clot in the lung that can lead to heart attack and stroke. Her Yaz lawsuit alleges that her injuries were caused by the birth control pills, and that the manufacturer failed to prevent such complications.
The Yaz lawsuit alleges that from the earliest clinical trials, the manufacturer had evidence that Drospirenone-based contraceptives (the active ingredient in Yaz, Yasmin, and Ocella) carried an increased risk of blood clot related complications like Deep Vein Thrombosis (DVT) and PE. The Yaz lawsuit also alleges that legally-required postmarket surveillance also indicated the same risk.
McClure’s lawsuit claims that Bayer deliberately withheld this information from the public in order to continue marketing their drug. The lawsuit argues that the manufacturer did not do enough to warn health care professionals and patients like McClure about the risk of dangerous blood clots from Yasmin and Yaz, and that women like McClure would have never taken the birth control pills if they had been aware of the risks.
The Yasmin lawsuit further alleges that not only were the manufacturer aware of these risks of Yaz blood clots, but that they actively concealed the risks while over-promoting the drug. The lawsuit cites the fact that the U.S. Food and Drug Administration (FDA) issued warnings to the company in 2003, 2008 and 2009 over their advertising practices. The FDA’s warnings state that the manufacturer was pushing the drug as a cure or treatment for other disorders, above and beyond its approved uses. This included advertisements that claimed the drug could treat PMS and acne— as well as other disorders, in addition to acting as contraceptives.
McClure’s lawsuit contends that the actions of Bayer and other manufacturers of these drugs leave them liable for the complications she suffered. Her suit seeks medical expenses, interest, legal fees, and punitive damages. Punitive damages, also called exemplary damages, are monies awarded to an injured party above and beyond the cost to repair their injuries. This is designed to punish offenders for gross misconduct and discourage similar offenses in the future. Many laws and legal precedents regulate this type of damage, and drug lawsuits are one of the few types of cases wherein punitive damages are allowed.
The Yaz/Yasmin lawsuit is Michelle McClure v. Bayer Healthcare Pharmaceutical Inc., et al., Case No. 3:13-cv-10892-DRH-PMF, filed within the MDL In Re: Yasmin and Yaz (Drospirenone) Marketing, Sales Practices and Relevant Products Liability Litigation, MDL No. 2100, filed in the United States District Court, Southern District of Illinois.
Help for Yasmin/Yaz Blood Clot Victims
If you, or someone you care about, suffered from Deep Vein Thrombosis (DVT) or Pulmonary Embolism after using a drospirenone birth control pill, you may be entitled to compensation. You can start to explore your options by visiting the Yaz/Yasmin, Beyaz & Ocella Birth Control Pill Class Action Lawsuit Settlement & Investigation. Here, you can enter information about your situation for a legal review by a trained expert with a background in this type of litigation. The initial consultation is completely free of charge—the legal team only gets paid if you do. And from this initial consultation, you can receive additional guidance on the best steps to take in your situation.
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