A class action is a lawsuit that is filed against a company or companies on behalf of a named plaintiff (or plaintiffs) and others who are similarly situated; for example, women who have suffered a pulmonary embolism while taking Yaz. Class actions are brought when the number of plaintiffs is determined to be too large to be named individually.
Class actions provide a way for individuals to get compensated for injuries or other wrongs without having to pay a lawyer out of pocket. Attorneys in these cases work for a percentage of the award or settlement from the suit.
Sources:
http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t26t28+3663+1++%28class%20action%20lawsuit%29
It is important to inform yourself about any class action lawsuit. What is the primary complaint? Understanding the issue will help you follow the progress of the complaint and the eventual outcome.
Claims against Bayer Pharmaceuticals, the manufacturer of Yaz, allege they presented the drug as safe and effective without doing proper research to prove it, that they didn’t adequately warn women of the possible dangers of Yaz and that they used shoddy manufacturing processes to produce the pills. You can find more information about the issues presented in the lawsuit at Consumer Reports.org and the FDA’s Web site.
Sources:
http://www.nytimes.com/2009/09/26/health/26contracept.html?pagewanted=1&_r=2
http://blogs.consumerreports.org/health/drug_safety/index.html
If you are here because you or a loved one suffered the life-threatening side effects of Yaz, what is the next step?
Focus on Your Health
Women injured by Yaz sometimes face years of recovery from stroke, heart attack, kidney and liver problems, as well as a lifetime of medication and fear. There are valuable Internet resources that can provide information and support on the type of condition you suffered and how to make the best recovery.
Start here on Yaz Talk. Whether it is gallstones from Yaz, deep vein thrombosis (DVT), pancreatitis or other condition, search our articles for answers. Detailed medical information is also available on trusted medical sites like WebMD.com, Merck.com, the National Library of Medicine and the MayoClinic.com.
Is Taking Legal Action Next?
There is a lot of discussion about the litigation against Bayer, the maker of Yaz, and other defendants. Lawsuits have been filed. Learn more about how to get involved in the Yaz litigation, how to find a lawyer, and how long you have to file a claim.
Different types of lawsuits have been filed. There is multi-district litigation underway and there are individual lawsuits filed in state court. You may have heard there is a class action lawsuit against Bayer. These are all different types of cases.
What questions do you have about the devastating health effects of Yaz or the pending legal cases?
Class action lawsuits can help people get compensation from companies that have produced products believed to have caused them harm. Cases are filed on behalf of a large group of people in a similar situation, such as women who have suffered a blood clot or worse while taking Yaz.
Do a little research and learn more about class action law suits that have already been filed. Web Class Advocate have databases of existing lawsuits, settlements and possible lawsuits. You can also register to get up-to-date information on class action suits.
Research can arm you with information, but for legal advice you should always consult an attorney.
Sources:
http://www.ehow.com/how_5713001_list-current-class-action-lawsuits.html
http://www.classadvocate.com/
The law gives you specific rights if you have been injured by the negligence of another, even if they are a large corporation. If you believe that you have suffered ill effects from taking Yaz, it is important that you both understand and protect your rights.
You can find basic information on personal injury law on the Internet at sites such as Findlaw and HG.org. These sites will give you an idea of what your rights and responsibilities are, but they are no substitute for a legal opinion. For information more specific to your situation, you should consult an attorney.
Sources:
http://public.findlaw.com/abaflg/flg-14.html
http://www.hg.org/torts.html
As part of a class action suit, you can join others who have been injured and, if the suit is successful, get compensated. It is best to first consult with an attorney to determine whether an individual suit would be more beneficial to you than a class action.
If a class action works best for your situation, there’s nothing you need to do. Most class actions are “opt-out,” meaning you only have to take action if you do not want to participate. You will be notified of what, if any, action you must take once the case has been resolved.
Sources:
http://www.law.cornell.edu/
http://www.nolo.com/
http://www.slate.com/id/1002001/
People who have been seriously injured or have suffered a catastrophic illness due to the negligence of a corporation are often unable to pay their bills. Filing a lawsuit against a company may be a way to get compensation, but taking on a corporation with almost unlimited resources is nearly impossible for someone with financial difficulties. That’s where the class action lawsuit comes into play.
A class action is a lawsuit filed by an individual or group of individuals on behalf of themselves and a larger group of people in a similar situation. An example would be women who have taken the oral contraceptive Yaz and suffered a stroke or other serious side effect. The suit is declared a class action when a court determines that there are too many class members to be named as parties to the suit.
Usually a class action is filed in order to receive money—called compensatory damages—from the defendant. Sometimes suits seek other outcomes, such as determining if a certain practice or action is legal or illegal or to stop a company from doing something.
Class actions have become an effective way to force companies to take responsibility for their business practices and their products, often helping to change the way entire industries operate and making products safer for the consumer.
Have you suffered an illness or injury because of Yaz?
Sources:
http://www.articlesbase.com/law-articles/yasmin-class-action-lawsuit-could-be-a-reality-soon-1203099.html
http://www.nytimes.com/2009/09/26/health/26contracept.html?_r=1&scp=3&sq=yaz&st=cse
Women all around the country have filed lawsuits against the makers of Yaz, Yasmin and Ocella for improper marketing of the drugs. These women also claim that the drugs cause side effects that are much more severe than any other birth control pills on the market.
In October of 2009, all of the federal cases involving women injured by Yaz, Yasmin and Ocella were consolidated in Illinois as an MDL (multi-district litigation). An MDL is similar to a class action, but each Plaintiff still has her own separate case or claim. Multi-district litigation is useful because the cases move more quickly when one judge handles the pre-trial issues and evidence matters.
In February of 2010, Chief Judge David Herndon (the MDL Judge) issued an order instructing all plaintiffs and defendants to preserve evidence in the case.
What Does This Mean for Yaz Plaintiffs?
Your lawyer will explain the legal meaning of the Judge’s ruling, but Plaintiffs in general are required to keep safe or preserve all relevant documents, data and tangible items in their possession, custody or control that are connected to their lawsuit against the makers of the birth control pills. The items may include the following:
- Your medical records relating to your use of Yaz, Yasmin or Ocella.
- Your pharmacy records relating to these birth control pills.
- Any records of expenses relating to your use of these drugs.
- Any prescription bottles or containers and the labels, packaging and inserts.
- Any paper or electronic documents pertaining to the litigation.
Does this include your correspondence and discussions with others via email and on message boards, forums and in blog comments? Only your lawyer can discuss how the judge’s order applies to your individual case.
Source:
http://www.ilsd.uscourts.gov/mdl/2100/orders/order674.pdf
Many women have suffered serious injury and even death from taking the birth control pills Yaz, Yasmin, or Ocella. These birth control pills are the only drugs on the market that contain the progestin drospirenone, a synthetic progesterone that has been linked to serious and life-threatening side effects in women taking them.
Yaz, Yasmin & Ocella Lawsuits Have Already Been Filed
Yaz attorneys have filed a large number of lawsuits against Bayer, the maker of Yaz and Yasmin, and against the maker of Ocella, the generic equivalent of Yasmin, in both state and federal court. The pending federal lawsuits have been consolidated into something called multi-district litigation (MDL), and have all been transferred to federal court in Illinois.
You Won’t Have to Pay Legal Fees
If you participate in the Yaz lawsuit, you won’t have to pay the legal fees of your attorney unless you’re successful in getting compensation for your injuries. Your Yaz attorney will work for you on what is called a contingency basis, meaning you owe legal fees only if you win or settle your lawsuit.
Source:
http://definitions.uslegal.com/c/contingency-fees/
Public Citizen is a national, nonprofit consumer advocacy organization. It was founded in 1971 to represent consumer interests before Congress, the executive branch, and in the courts.
The prominent consumer advocacy group put Yasmin on its “Do Not Use!” list years ago, in April of 2002. Public Citizen created the “Do Not Use!” list to warn the public about dangerous drugs that were still on the market because regulators and drug companies are slow to react to drug dangers and withdraw them.
Two Reasons Public Citizen Warned Consumers Not to Use Yaz
Public Citizen stated that it took this action to warn consumers about Yasmin for two reasons:
- Drospirenone causes elevated blood levels of potassium that may cause serious heart and other health problems such as a change in acid balance of the blood and muscle weakness.
- There is no evidence that Yasmin is superior in any way to older contraceptive products.
Yaz, Yasmin, and Ocella are the only birth control pills that contain the progestin drospirenone, the ingredient in Yasmin, which is the drug in Public Citizen’s consumer warning. Ocella is the generic equivalent of Yasmin. Older contraceptive products contain a different progestin than drospirenone.
Have you or someone close to you experienced serious, life-threatening side effects of Yaz, Yasmin, or Ocella? Are you wondering how you’re going to manage your injuries, medical bills, and pain and suffering?
Source:
http://www.citizen.org/documents/wpbp_april02.pdf http://www.citizen.org/pressroom/release.cfm?ID=1856
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