The following Yaz lawsuit was filed in the Southern District of Ohio in May of 2009:
39. Yasmin, (a predecessor to YAZ), known generically as drospirenone and ethinyl estradiol, is a combination birth control pill originally developed by Defendant BERLEX LABORATORIES, INC. and/or Defendant BERLEX, INC containing the hormones estrogen and progestin.
40. The estrogen is ethinyl estradiol and the progestin is drospirenone, (3 mg of drospirenone and 0.03 mg of ethinyl estradiol per tablet).
41. Combination birth control pills are referred to as combined hormonal oral contraceptives.
42. Yasmin was approved by the FDA in April, 2001.
43. In 2006, Bayer acquired Defendant BERLEX LABORATORIES, INC. and/or Defendant BERLEX, INC, and began marketing an almost identical drug, YAZ (which contains 3 mg of drospirenone and 0.02 mg of ethinyl estradiol per tablet).
44. The difference between YAZ/ Yasmin and other birth control pills on the market is that drospirenone has never before been marketed in the United States and is unlike other progestins available in the United States.
45. YAZ/ YASMIN's use of drospirenone, a diuretic, creates unique risks for compared to other oral contraceptives and is known to cause problems with the gallbladder that may require surgical intervention.
46. Defendants have been warned at least three times by the FDA; in 2003, 2008 and 2009, for misleading the public through the use of ads which overstate the efficacy of YAZ and/or its predecessor Yasmin, and minimize serious risks associated with the drug.
47. Defendants ignored the correlation between the use of YAZ and significantly increased risk of gallbladder complications despite the wealth of scientific information available.
48. Defendants knew or should have known about the correlation between the use of YAZ and significantly increased risk of gallbladder complications and still promoted, sold, advertised, and marketed the use of YAZ.
49. Defendants falsely and fraudulently represented to the medical and healthcare community, to Plaintiff, the FDA, and the public in general, that YAZ had been tested and was found to be safe and/or effective for its indicated use.
50. These false representations were made by Defendants with the intent of defrauding and deceiving Plaintiff, the public in general, and the medical and healthcare community in particular, and were made with the intent of inducing the public in general, and the medical and healthcare community in particular, to recommend, dispense and/or purchase YAZ for use as a contraceptive, all of which
evinced a callous, reckless, willful, depraved indifference to the health, safety and welfare of Plaintiff.51. Defendants knew and were aware or should have been aware that YAZ had not been sufficiently tested, was defective in its design and testing, and/or that it lacked adequate and/or sufficient warnings.
52. Defendants knew or should have known that YAZ had a potential to, could, and would cause severe and grievous injury and death to the users of said product, and that it was inherently dangerous in a manner that exceeded any purported, inaccurate, and/or down-played warnings.
53. In representations to Plaintiff, her healthcare providers, and/or the FDA, Defendants also fraudulently concealed and intentionally omitted the following material information:
A. That YAZ is not as safe as other available contraceptives;
B. That the risks of adverse events with YAZ (drospirenone and ethinyl estradiol) was higher than those of other available contraceptives;
C. That the risks of adverse events with YAZ was not adequately tested and/or known by Defendants;
D. Plaintiff was put at risk of experiencing serious and dangerous side effects including, but not limited to, gallbladder complications, as well as other severe and personal injuries, physical pain, and mental anguish;
E. That patients needed to be monitored more regularly than normal while using YAZ ; and
F. That YAZ was designed, tested, manufactured, marketed, produced, distributed and advertised negligently, defectively, fraudulently and improperly.
54. Defendants were under a duty to disclose to Plaintiff and her physicians, hospitals, healthcare providers and/or the FDA the defective nature of YAZ.
55. Defendants had sole access to material facts concerning the defective nature of the product and its propensity to cause serious and dangerous side effects, and hence, cause damage to person who used YAZ, including Plaintiff.
56. Defendants made the misrepresentations and/or actively concealed information concerning the safety and efficacy of YAZ with the intention and specific desire that the medical, pharmaceutical and/or scientific communities, and users and/or consumers of the drug, including Plaintiff, would rely on such in selecting YAZ as a contraceptive.
57. Defendants made these misrepresentations and/or actively concealed information concerning the safety and efficacy of YAZ in their labeling, advertising, product inserts, promotional material or other marketing efforts.
58. The misrepresentations of and/or active concealment by Defendants were perpetuated directly and/or indirectly by Defendants, its sales representative, employees, distributors, agents and/or detail persons.
59. Defendants knew that Plaintiff, her healthcare providers, and/or the FDA had no way to determine the truth behind Defendants' concealment and omissions, and that these included material omissions of facts surrounding YAZ, as set forth herein.
60. The misrepresentations of and/or active concealment by Defendants constitute a continuing tort. Indeed, through Defendants' product inserts, Defendants continue to misrepresent the potential risks and serious side effects associated with the use of YAZ.
61. Moreover, Defendants had a post-sale duty to warn the medical, pharmaceutical and/or scientific communities, and users and/or consumers of the drug, including Plaintiff, about the potential risks and serious side effects associated with the use of YAZ in a timely manner, yet they failed to provide such warning.
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