Maryland Injury Lawyer Blog

Yaz cases may be settling. This is big news for the thousands of women who took Yaz, Yasmin or Ocella and suffered from heart attacks, strokes or pulmonary embolism. The judge in the Illinois litigation abruptly canceled the Yaz bellwether trial (pulmonary embolism case), originally set for January 9. Judge Herdon, using the heavy hand of the law, is encouraging Plaintiffs and Defendants to sit down and talk with a mediator. The mediator assigned to the case by the judge is Professor Stephen Saltzburg of the George Washington School of Law. He’s got some good credentials, and I’m sure he’d love to add the “Yaz Settlement facilitator” feather to his overflowing cap of achievements.

Judges in MDLs have a lot of pressure to get things done. The MDL is so useful because it unifies cases that would otherwise be handled individually. Everyone has the same information, which makes it easier to put reasonable settlement or trial values to each lawsuit. One of the purposes of these bellwether trials is to get some preliminary data on how juries react to the cases, so that the parties can make informed decisions on settlement. Most cases settle after a few of these trials. In the Yaz lawsuits, the judge doesn’t think the bellwether cases will be useful at this time.

Yaz cases may be settling

Continue reading "Maryland Yaz Settlements Underway?" »

The first Yaz birth control lawsuit, set to go on Monday, has been stayed. Judge David R. Herndon ordered the trial indefinitely delayed, appointing a mediation special master. The judge ordered Bayer and the plaintiff to engage in good faith settlement discussions.

Plaintiff's Yaz lawyers have been eagerly anticipating this first bellwether Yaz trial. In these pseudo class action cases, the first few trials inform both plaintiffs' lawyers and defendants about the real settlement value of these cases.

I can't think that Bayer was racing to the courthouse steps to try their first case. If the first Yaz trial goes badly for them, and I think it will, the price of tea is going to go up dramatically. Bayer is between a rock and a hard place: Yaz is making them a fortune (although less so recently) and Bayer has kept Yaz on the market. If Bayer starts getting hit with verdicts, they are going to be forced to pull Yaz and start paying out big verdicts and, eventually, settlements.

The Yaz and Yasmin litigation is just now starting to take off, with at least 11 lawsuits around the country. Lawyers evaluating Yaz/Yasmin cases need to pay particular attention to (1) the injuries; (2) the defendants; and (3) viable claims.

Continue reading "Yaz Lawyer: Information for Attorneys Handling Yaz/Yasmin Lawsuits" »