August 5, 2015 (Denver, Colorado) – Burg Simpson Eldredge Hersh & Jardine, P.C., announced Monday that Bayer HealthCare Pharmaceuticals Inc. (“Bayer”) has agreed to pay $56,900,000 to resolve the claims of approximately 1,300 women who suffered Arterial Thrombotic Events (“ATE”), such as strokes and heart attacks, after using Bayer’s drospirenone-containing oral contraceptives (Yaz, Yasmin, Ocella, Gianvi, Beyaz and Safyral) without admitting liability. These cases have been part of the Yaz/Yasmin Multidistrict Litigation (MDL #2100), which was overseen by the Hon. David R. Herndon in the Southern District of Illinois and in several state courts across the country. Judge Herndon entered several orders implementing this settlement on August 3, 2015.
Burg Simpson was part of the Negotiating Plaintiffs Committee (“NPC”) appointed by the Hon. David R. Herndon, for the purpose of negotiating a resolution of the ATE case with Bayer. ATE injury cases have been pending for more than six years, and, until now, Bayer has refused to resolve these cases. Should all of the requirements be met, this settlement would end years of protracted litigation and bring closure to both parties. As part of the settlement process, the parties have agreed to, and the courts have approved, a process by which any remaining venous injury cases and other injury cases will be put on an expedited path towards resolution through either settlement, trial, or dismissal.
Burg Simpson Shareholder Seth A. Katz, who was appointed to the NPC, said, “After many years of hard fought litigation for these clients, this is the first step in the process to obtain fair compensation for these victims. While there are still hurdles to clear before this settlement can become final, I’m proud to have been part of the team that helped these injured women.”
Michael S. Burg, founding shareholder of Burg Simpson, serves as Co-Lead Counsel in the Yaz/Yasmin MDL. To date, separate from this ATE Resolution Program, Bayer has paid just under $2 billion to resolve approximately 9,900 venous thromboembolism (e.g., deep vein thrombosis, pulmonary embolism) cases and approximately $21.5 million to resolve nearly 10,000 claims of gallbladder injury after use of drospirenone-containing oral contraceptives. In addition to Mr. Burg serving as Co-Lead Counsel in the MDL, Seth A. Katz served as the chair of the MDL Discovery Committee and Burg Simpson Shareholder Janet G. Abaray served as a co-chair of the MDL Science Committee.
With offices in Denver, Cincinnati, Phoenix, Cody, and Steamboat Springs, Burg Simpson Eldredge Hersh & Jardine, P.C. is a firm of award-winning national trial lawyers practicing in the areas of personal injury, class action, medical malpractice, dangerous drug litigation, defective products, construction defects, insurance bad faith, employment law, workers’ compensation and business litigation.
View the official Press Release