The litigation is nearing the first trials, and you may start to see increased attention paid by the media to this important case. The reason for this increase in interest stems from the current litigation schedules adopted by The U.S. District Court for Southern District of Illinois and The Courts of Common Pleas in both Philadelphia County, Pennsylvania and Bergen County, New Jersey.
As part of these schedules, the Courts will conduct trials of “Bellwether” cases. The Bellwether process allows the Parties and the Courts to address issues of law and fact that are common to all Plaintiffs, and are meant to offer guidance on the cases. It is important to note, however that the Bellwether trials and their decisions would never eliminate anyone’s right to individual trial - it is this distinction, among others, that makes Bellwether cases different than Class Action lawsuits.
The first bellwether trial is scheduled to take place beginning on January 12, 2012, before Judge Herndon in the U.S. District Court for the Southern District of Illinois. This initial trial will address the claims of a Plaintiff who suffered a pulmonary embolism as a result of her Yaz/Yasmin use. The Court of Common Pleas of Philadelphia County, Pennsylvania will commence its bellwether process with two pulmonary embolism trials scheduled to begin on January 23, 2012, and February 21, 2012, respectively.
Before the bellwether trials can begin in any jurisdiction however, the Courts must first decide whether the expert witness testimony proffered by the Parties will be admissible as evidence in court. In order to make this determination, the Courts must first assess the weight, sufficiency, and reliability of the scientific evidence presented by respective witnesses to ultimately decide whether the expert witness testimony will assist the jury in deciding a particular case. These hearings are commonly referred to as Daubert or Frye hearings, and are set to begin on December 5, 2011.
Following the conclusion of these initial trials, additional bellwether trials will commence on a rolling basis throughout 2012. Below is a rough schedule for each injury category which identifies the major deadlines in 2012:
Pulmonary Embolism Cases
December 5, 2011 – Daubert/Frye Hearings
January 12, 2012 – MDL Trial in St. Louis, IL
January 23, 2012 – Pennsylvania State Trial #1
February 21, 2012 – Pennsylvania State Trial #2
Gallbladder Cases
Week of March 19, 2012 – Daubert/Frye Hearings
April 2, 2012 – MDL Trial in St. Louis, IL
April 23, 2012 – Pennsylvania State Trial #1
May 21, 2012 – Pennsylvania State Trial #2
VTE (Venous Thromboembolism) Cases
Week of June 11th 2012 – Daubert Hearings
June 25, 2012 – MDL Trian in St. Louis, IL
July 23, 2012 – Pennsylvania State Trial #1
August 20th 2012 – Pennsylvania State Trial #2
What Does This Mean for ZKB Law Clients?
We will continue to update this blog every time we receive new or pertinent information regarding the Yaz cases. If we need additional information from you, or have specific information about your individual claim, we will contact you directly.
If you have moved or changed phone numbers, please email us at Anneke@ToledoLaw.com and provide us with any new contact information.
What Does This Mean for Women Who May Have a Claim, But Have Not Yet Retained an Attorney or Filed a Case?
While the litigation is currently progressing and trials are scheduled to begin, this does not mean that it is too late for you to initiate a claim if you suffered injury as a result of using Yaz or Yasmin. The Firm of Zoll, Kranz & Borgess is still accepting cases in an effort to assist all persons injured by these drugs. For a free consultation or for more information please call us toll-free at 888.841.9623 or via email at Anneke@ToledoLaw.com.
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