Yaz, Yasmin and Ocella Lawsuit Update

I apologize for not updating this Yaz, Yasmin and Ocella blog. In the past month we have been extraordinarily busy reviewing new cases and working with other Plaintiff lawyers doing the hard work necessary to prepare, pursue and present these cases at trial.

We have successfully served the German Bayer Defendants, Bayer AG and Bayer Schering Pharma AG, and filed those proofs of service with the Court. I believe we are the first firm in the country to have done so. While many believe it is not necessary to serve the Germans, doing so will insure that we have the right to all necessary documents, many of which are in Germany.

The Data Protection Directive (European Privacy Law) is a tool used by foreign corporations to protect their documents from discovery. While the law was designed to protect individuals from invasion of privacy, in this case Bayer is using it to avoid its responsibility to produce documents that could establish liability for the tens of thousands of injuries and deaths caused by Yaz. To get around the restrictions, it was critical that we get service on these foreign corporations.

Now that Bayer and Bayer Schering have been served in Germany, we can proceed to force the Defendants to give us the documents.

We continue to look at each individual case carefully before filing suit. Some cases are better filed in Philadelphia, some in New Jersey, and others in the MDL which is located in East St. Louis, Illinois. Complex rules on choice of law and the discovery rule must be analyzed for each fact pattern.

Based on the number of cases we are seeing, our initial estimate of 10,000 cases now seems conservative. It may well be that this case becomes one of the largest ever mass tort cases, with over 20,000 cases of women who have suffered injury from gall bladder loss, stroke, Pulmonary Embolism (PE), Deep Vein Thrombosis (DVT), or other blood clot disorder.

We strongly encourage all women and their families who have suffered this type of injury to immediately seek legal advice from an experienced attorney. You may call us toll free during business hours at 1-888-841-9623 or email us anytime at pamela@toledolaw.com, malina@toledolaw.com, or david@toledolaw.com.