Yasmin Class Action Lawsuit Could Be A Reality Soon
A highly anticipated case scheduled to be heard in the United States Judicial Panel on Multidistrict Litigation (MDL) could be one of the most important cases to be heard this year, at least for Bayer Pharmaceuticals. This anxiously awaited hearing, scheduled for September 24, will see oral arguments from both sides on the merits of consolidation of approximately 20 Yasmin and Yaz cases across the U.S. Additionally, the arguments will question if the consolidation should be mandatory, and if it would have any impact, either way, on existing Yasmin and Yaz lawsuit, both presently and in the future.
As the lawsuits relating to prescription birth control medications Yaz and Yasmin have mounted against Bayer Pharmaceuticals, attorneys in different states are managing similar cases against the company for the serious interactions of Yasmin and Yaz and the female body. Cases generally allege that the potentially deadly side effects, including heart attacks, strokes, gallbladder disease, deep vein thrombosis (DVT), and pulmonary embolism (PE). Additionally, most of the lawsuits allege that Yasmin and Yaz both put the patient at risk for a condition known as hyperkalemia. This condition is marked by increased potassium levels in the blood, and often has no symptoms at all. It can lead to cardiac arrest and kidney failure in affected patients and it difficult to anticipate until it is too late.
Other allegations in the Yasmin and Yaz lawsuits claim that Bayer failed to sufficiently research either of the medications. The majority of oral contraceptives contain some combination of two main hormones, estrogen and progestin, Yasmin and Yaz contain a new type of synthetic progestin, drospirenone. Patients exposed to this chemical have been clinically shown to be six times more likely to have blood clot issues. To this end, claims that Bayer also fraudulently concealed the risk of serious complications from taking these contraceptives and minimized the risk women faced when taking the medication.
A wholly separate case regarding Bayer's advertising and marketing for Yasmin and Yaz came under scrutiny. In 2003, the Food and Drug Administration (FDA) issued a warning to Berlex Laboratories, a part of the Bayer Pharmaceuticals Corporation, demanding they cease the use of an advertisement for Yasmin which appeared to gloss over the significant risk presented by the medication and insinuated that Yasmin was a safer alternative to other oral contraceptives. The FDA went on to say that it possessed evidence to the contrary; clinical trials showed drospirenone presented a statistically significant increase in serious side effects. In spite of this sincere reprimand and subsequent fine for Bayer, both Yasmin and Yaz remained the top selling oral contraceptives in the U.S., posting 2008 sales figures of $616 million for Yaz and $382 million for Yasmin.
With the increase in publicity from the recent filings and the weighty number of class action lawsuits mounting against Bayer Pharmaceuticals, the possibility for a Yasmin recall seems potentially proximate. Patients currently taking either Yasmin or Yaz should continue to be aware of developing news stories regarding these medications, as the evolution of these cases could present significant changes to both their contraceptive regimen and health care needs.
