Tuesday, January 10, 2012

Bellwether trials halted as Judge orders mediation in Yaz birth control cases

A short nine days before the first bellwether trial was set to begin on the Yaz lawsuits involving a woman who suffered a pulmonary embolism while taking Yaz, U.S. District Court Judge David R. Herndon ordered that they be halted, so that both sides could discuss the possibilities of settling the cases.

This process is called mediation, and is meant to foster a compromise between the plaintiffs’ attorneys who represent the thousands of women injured by Yaz, and the defense attorneys who represent Bayer Corporation.

George Washington School of Law’s Professor Stephen Saltzburg will be overseeing the mediation as Special Master. Read Judge Herndon’s December 31st Order encouraging the parties to engage in good-faith mediation, Case Management Order Number 53.

The bellwether trials that were ordered stayed by Judge Herndon were meant to be a way for each side to determine how juries would most likely respond to the facts and evidence that will be present in majority of the cases.

It is very important to note, however, that mediation is not a sign that Bayer is offering settlement, nor does it mean that any of the cases have settled. If you have a current claim against Bayer, we will not, under any circumstances, agree to a settlement without your express consent. Only if Bayer offers a full and fair settlement, will we contact clients on an individual basis to discuss options.

If there is ever any news on your case, we will contact you directly. Until then, check back frequently for updates on the Yaz litigation, either on this blog or on www.ZKBLaw.com. If you have updated contact information, including name change, phone number, mailing or email addresses, please send them to Anneke@ToledoLaw.com.

If you do not currently have a case against Bayer, but you have experienced serious health problems while taking Yaz, including a blood clot, stroke or pulmonary embolism, you need information. Contact our office toll-free at 888.841.9623 to receive answers to your questions or email us at Anneke@ToledoLaw.com.

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