Two more Yaz suits filed against Bayer, others

By Jon Campisi | May 16, 2011

Two out-of-state women are suing the makers of Yaz for side effects they contend were the result of ingesting the birth control pill, injuries that led to major surgery in both cases.

In the first case, attorney Rosemary Pinto, of the firm Feldman & Pinto, filed the civil action May 11 in the Philadelphia Court of Common Pleas on behalf of Missouri resident Stephanie Clark.

The Bayer Corporation, the makers of Yaz and other similar birth control pills such as Yasmin, Ocella and Gianvi, is the main defendant in the case.

Also named as defendants in the lawsuit are Bayer Healthcare LLC, Bayer Pharmaceuticals Corp., Bayer Healthcare Pharmaceuticals Inc., Berlex Laboratories Inc., Berlex Inc., Bayer Schering Pharma AG and Bayer AG.

The complaint states that Clark ingested Yaz from about December 2008 to June 2009. Clark soon developed gallbladder disease, which culminated with surgery to remove her gallbladder in June 2011, the suit claims.

The suit says the disease is the direct result of Clark having taken Yaz.

The complaint contains various counts, including fraudulent concealment, strict liability, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, negligent failure to warn, negligent design defect, negligence, negligent misrepresentation, breach of express warranty and fraud.

Because the plaintiff’s attorney in the case filed what is known as a short form complaint, the particulars as to what damages Clark is seeking were unspecified.

The mass tort civil action is currently awaiting case management listing. A jury trial has been demanded.

In the second case, also filed by attorney Rosemary Pinto, Delaware resident Kristen Roberts claims to have suffered the same fate as the first plaintiff.

According to the short form complaint, Roberts took Yaz from about February 2009 to February 2010.

In November 2009, Roberts was diagnosed with gallbladder disease, and had to have the organ removed, the suit states.

In the suit, Roberts also asserts that the Bayer Corp. failed to warn of the dangers related to Yaz. The defendants in the second case are the same as in the first suit.

The Bayer Corp. is currently embroiled in about 7,000 Yaz lawsuits filed by women who contend the company failed to issue warnings about the hazards of the drug, which can lead to stroke, heart attack, gallbladder disease and pulmonary embolism, according to the website

The case numbers are 110501322 and 110501304.

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