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Courts Consolidate Dozens of Cases Against Bayer Over Yaz

By Jim Edwards | Nov 9, 2009

Plaintiffs are filing lawsuits over Bayer’s Yaz contraceptive so fast that the New Jersey state court system is considering consolidating 39 cases under a single judge with a “mass tort” status; and 32 federal cases have been given multidistrict litigation status in a single court in Southern Illinois. Bayer faces at least 129 cases nationwide over Yaz. In general, courts consolidate cases when they expect so many to be filed that it would be unwieldy to handle them on an individual basis. Thus the news is not good for Bayer.

Plaintiffs mostly allege the same thing: That the drospirenone fourth generation progestin ingredient in the drug causes potentially fatal blood clots. Some of the new cases, however, are alleging ever-more novel theories of injury.

Melissa Johnson claims Yaz gave her gall stones, necessitating the removal of ger gall bladder, in Ilinois federal district court.

And the family of Autumn Plevniak, who committed suicide in October 2007, while using Yaz and the Barr acne drug Claravis, claims in Mahoning County Court, Ohio, that Yaz gave their daughter suicidal thoughts.

Most suits, however, follow similar claims to those of Candice Atkinson of Rock Hill, S.C., who at 33 discovered multiple blood clots in both lungs while she was using Yaz.

Jim Edwards, a former managing editor of Adweek, has covered drug marketing at Brandweek for four years, and is a former Knight-Bagehot fellow at Columbia University's business and journalism schools. Follow him on Twitter or send him an email.

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