Ohio woman files Yaz lawsuit in Philly courts

By Jon Campisi | Jul 16, 2011

A 34-year-old Ohio woman who claims she became ill after ingesting the birth control drug Yaz is suing the drug’s manufacturers and distributors.

Philadelphia attorney Gregory S. Spizer filed the short form complaint July 14 at the Philadelphia Court of Common Pleas on behalf of Leigh Gibson of Ostrander, OH.

According to the lawsuit, Gibson ingested the drug Yaz from about September 2005 to November 2007. She also took the birth control drug Yasmin during roughly the same time period.

Gibson had been prescribed both drugs by an Ohio medical professional.

On Nov. 16, 2007, Gibson was diagnosed with laparoscopic cholecystectomy, which is alleged to have been caused by her taking of the drug, the lawsuit states.

The defendants in the lawsuit are Bayer Corp., Bayer Healthcare, LLC, Bayer Pharmaceuticals Corp., Bayer Healthcare Pharmaceuticals, Inc., Berlex Laboratories, Inc., Berlex, Inc. and Bayer Pharma AG.

The lawsuit accuses 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, negligent design defect, negligence, negligent misrepresentation, breach of express warranty, fraud and violations of consumer protection laws.

The suit also contains a loss of consortium count on the part of Gibson’s husband, David Gibson.

The plaintiffs pray for relief as set forth in the master Yaz, Yasmin, Ocella, Gianv docket at Philadelphia Common Pleas Court.

A jury trial has been demanded.

The case number is 110701247.

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