Yaz Birth Control Injury Differences

Posted on March 11, 2010 by Greenberg & Bederman

DC Area Yaz Birth Control Injury Law Firm Greenberg and Bederman is Currently Offering Legal Assistance

As many of you probably know, the Bayer Corporation is facing a series of yaz lawsuits in various American states due to problems that users of their line of birth control pills are experiencing. If you don't know about yaz health problems, please read our page on yaz history.The difference between Bayer’s pills and most other oral contraceptives on the market is that Bayer’s birth control pills (which are marketed under the names Yaz, Yasmin, and a generic version called Ocella) all contain a synthetic variation of progestin called drispirenone. While the use of drispirenone has been marketed by Bayer as having some beneficial peripheral effects such as prevention of minor acne or helping to alleviate the symptoms of pre menstrual dysphoric disorder, Bayer failed to mention in either it’s marketing campaign or the warning labels used on the medication that drispirenone raises the risk of deep vein thrombosis, or blood clots in the deep arteries and veins of the legs. These blood clots can then break apart, and the pieces can travel through the bloodstream, which can cause strokes, heart attacks and pulmonary embolisms. The use of drispirenone has also lead to a higher than normal rate of gall bladder disease.

These side effects of yaz are not merely theoretical. There have been hundreds of women who have been seriously injured and hospitalized all over the country due to clot-based injuries. Otherwise perfectly healthy women have suffered from strokes, heart attacks, pulmonary embolisms and gall bladder disease, and there have even been more than fifty deaths.

 

As a result of these injuries and deaths, over 1100 lawsuits have been filed nationwide, with many of them falling under Multi District Litigation, which is a way to place cases with similar backgrounds against the same defendant under the same ground rules. A few class action suits (in which one group of attorneys represents multiple plaintiffs under the heading of one case) have also been filed.

Bayer has, of course, vowed to fight any and all yaz lawsuits regarding their line of birth control pills, and we certainly believe them. With profits of Yaz, Yasmin and Ocella reaching $1.7 billion dollars in 2009, Bayer can afford to wage as many court battles as they see fit. Even with all the justified bad publicity, Yaz is still Bayer’s top selling product.

The Bayer Corporation has already given some clues as to what they expect their defense to be. They recently made an attempt to allow past birth control history of the plaintiff’s to be used as evidence, which was quite rightly denied. And based on public statements by Bayer, we are expecting them to center their defenses on the warning label that is currently in place on the products themselves.

Bayer will probably wear the current label as a shield against any liability, with the premise being “Look, we have a warning label on the box, and the doctors who prescribe it have their warnings as well. If you didn’t read it, we can hardly be expected to be blamed for that.”

There are a few things wrong with that premise. In the first place, the warnings weren’t mentioned very prominently in the enormous and splashy advertising campaign that Bayer used for Yaz. The focus on these ads was all about what Yaz could do for you besides keep you from getting pregnant. In the second place, while the warning on the doctor’s labels does admit that there is a risk of hyperlykemia (elevated potassium levels,) it fails to mention that drispirenone has a higher risk of causing hyperlykemia than any other progestin based oral contraceptive on the market. Since hyperlykemia is a possibility with most other pills, this warning label basically makes it seem as if Yaz, Yasmin and Ocella are no different than any other pill on the market when it comes to risk, and this is simply not true.

An equivalent here would be if a gun manufacturer was selling a pistol that has a higher tendency to fire accidentally than any other gun on the market, but since there is a slight chance that many guns on the market will fire accidentally, their particular gun is no different than the others.

When you study the injuries associated with yaz Bayer’s warning labels should produce a list of conditions that should discourage you from taking any of their drispirenone based pills:

Yaz should not be used in women who have the following:

·         Renal insufficiency

·         Hepatic dysfunction

·         Adrenal Insufficiency

·         Thrombophlebitis or thromboembolic disorders

·         A past history of deep-vein thrombophlebitis or thromboembolic disorders

·         Cerebral-vascular or coronary-artery disease (current or history)

·         Valvular heart disease with thrombogenic complications

·         Severe hypertension

·         Diabetes with vascular involvement

·         Headaches with focal neurological symptoms

·         Major surgery with prolonged immobilization

·         Known or suspected carcinoma of the breast

·         Carcinoma of the endometrium or other known or suspected estrogen-dependent neoplasia

·         Undiagnosed abnormal genital bleeding

·         Cholestatic jaundice of pregnancy or jaundice with prior Pill use

·         Known or suspected pregnancy

·         Liver tumor (benign or malignant) or active liver disease

·         Heavy smoking (≥ 15 cigarettes per day) and over age 35

·         Hypersensitivity to any component of this product

This is all well and good, but that doesn’t explain the hundreds of women who are suffering from none of these symptoms who are still being injured and hospitalized. And aside from that obvious red flag, these symptoms all more or less appear as disqualifications on the warnings for practically every other birth control pill out there. This again makes it appear that Bayer’s line of birth control pills are just the same as every other oral contraceptive, when they are in fact not, and that is one of the major reasons for all of these yaz lawsuits.

The “read the warning label” argument doesn’t carry any water unless that warning label clearly states that drispirenone increases your chances of hyperlykemia, which increase your chances of DVT, which increases your chances of heart attacks, strokes, pulmonary embolisms and gall bladder disease. The increased chances aren’t mentioned in a clear manner at all. Bayer did not say “Here is a birth control pill that can prevent acne and the symptoms of PMDD, but it increases the odds that you will suffer from blood clots. Take it at your own risk.” They simply said “Here is a standard, run of the mill birth control pill, except it can prevent acne and the symptoms of PMDD!”

Greenberg and Bederman is currently offering legal assistance for people in the Washington D.C. area who have been injured due to the use of Yaz, Yasmin or Ocella. Our attorneys are working diligently to help women in Virginia, Maryland and the District who have been hospitalized due to Bayer’s line of birth control pills. If you or a loved one has been injured in this manner, contact Greenberg and Bederman for a free yaz legal consultation today.

To learn more about yaz birth control, please read our yaz lawyers website page, or watch our yaz video on Youtube.

 
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