Two more Yaz lawsuits filed in Philly courts

By Jon Campisi | Jul 8, 2011

Two women have filed Yaz mass tort lawsuits at the Philadelphia Court of Common Pleas, alleging that the birth control drug caused them various physical injuries.

The first short form civil action complaint was filed on behalf of 31-year-old Washington state resident Tammara Cunningham, whose husband, Sam Cunningham, is also a party to the suit.

The suit states that Tammara Cunningham, who ingested the prescribed drug Yaz beginning in October 2007, suffered a pulmonary embolism in January 2009, a diagnosis that the plaintiffs allege was caused by the taking of the medication.

Tammara Cunningham also developed a blood clot around the same time, something she also attributes to Yaz, the suit states.

The Cunningham’s short form complaint, which seeks to be added to the Yaz mass tort docket, was filed July 6 by Philadelphia attorney Steven W. Berman.

The second short form complaint, which also seeks mass tort status, was also filed by attorney Berman, this one on behalf of Manistique, Mich. resident Amy Hutchinson, a 40-year-old who ingested Yaz from about November 2008 to January 2009.

According to the complaint, Hutchinson was diagnosed with deep vein thrombosis in January 2009, something that is being attributed to her taking of the drug.

The defendants named in both suits are Bayer Corporation, Bayer Healthcare, LLC, Bayer Pharmaceuticals Corporation, Bayer Healthcare Pharmaceuticals, Inc., Berlex Laboratories, Inc., Berlex, Inc., and Bayer Pharma AG.

Both lawsuits accuse the defendants of fraudulent concealment, strict liability, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, negligent failure to warn, negligence, negligent misrepresentation, breach of express warranty, fraud and violations of consumer protection laws.

The Cunningham suit also contains a loss of consortium count.

All plaintiffs in both lawsuits pray for relief as set forth in the master long form Yaz, Yasmin, Ocella litigation docket at common pleas court.

The case numbers are 110700201 and 110700203.

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