An update on the status of the Yaz, Yasmin litigation.

The next step in the litigation is the selection of "bellwether" trials in each major jurisdiction for the various types of injuries suffered by women taking Yasmin and Yaz. These trials are designed to be representative cases. Once verdicts are reached, they will provide both sides with valuable information about resolution. We have cases that have been selected as bellwether trials in all three jurisdictions. If your case has been selected you will be hearing from us directly.

For the MDL litigation pending in St. Louis and Pennsylvania state litigation, there is a bellwether trial schedule order in place and final determinations have been made for case selection from the thousands of pending cases. The first bellwether trial for the MDL is scheduled to begin in January 2012, as is the first bellwether trial in Pennsylvania. In the New Jersey litigation, the initial selection of bellwether trials is also underway, and from that group, 6 will be selected for trial. The first New Jersey case will go to trial next August.

To read a copy of each order regarding the bellwether selection and trial schedule, please click on the following: MDL Case Management Order No. 32, Pennsylvania Case Management Order No. 14, New Jersey Case Management Order No. 25.

Before the cases will go to trial there will be hearings on the scope and strength of the underlying scientific and medical issues. These hearings, sometimes called Daubert, or Frye hearings, will determine whether the cases can survive. A more detailed explanation of a Daubert hearing or the standard can be found on Wikipedia, by clicking here.

The outcome of the bellwether trials will be the next step. If a resolution is not reached after the completion of those trials, the Court will allow us to proceed with case specific work on our individual files. Until that time, we must await the Daubert/Frye rulings and decisions on the bellwether cases.

For most of our clients, all of the necessary filings have been made in each individual case, including the Plaintiff Fact Sheet, and we have received the Defendant Fact Sheet as well. At this time, there are no other specific steps that can currently be taken with each individual case.

The leadership of the Yasmin litigation in both federal and state courts have been working tirelessly to develop the necessary witnesses for all cases. Literally millions of documents from the defendants have been reviewed and analyzed. To date, at least 43 depositions have been completed of Bayer employees and scientists, both here in the U.S. and overseas, with some more yet to be completed. Our firm is playing a critical role in the development of the causation and damage theories on gallbladder injuries, as well as other issues.

If you would like to discuss this litigation or a potential claim with an attorney, you can contact Attorney Michelle Kranz, toll free at (888) 841-9623, or by email at michelle@toledolaw.com.