Pa. woman, Georgia plaintiff file separate Yaz suits at Phila. Common Pleas Court

By Jon Campisi | May 14, 2012

A woman from southeastern Pennsylvania and a Georgia resident have filed separate Yaz mass tort suits at Philadelphia’s Common Pleas Court.

The first complaint was filed by Philadelphia attorneys Arnold Levin, Laurence Berman and Michael M. Weinkowitz, of the firm Levin Fishbein Sedran & Berman, along with Montgomery, Ala. lawyers Frank Woodson and W. Roger Smith, III of the firm Beasley, Allen, Crow, Methvin, Portis & Miles.

The lawsuit was filed on behalf of Atlanta resident Lindsey Mathews, a 27-year-old who claims she sustained a gallbladder injury in May 2010 that she blames on her having ingested the birth control medication Yaz from September 2008 through January 2010.

The drug manufacturers named as defendants in the lawsuit are Bayer Corporation, Bayer Healthcare LLC, Bayer Pharmaceuticals Corporation, Bayer Healthcare Pharmaceuticals Inc., Berlex Laboratories Inc., Berlex Inc. and Bayer Schering Pharma AG.

The lawsuit contains counts 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 second complaint was filed by attorneys with Philadelphia’s Maher Law Firm on behalf of Southampton, Pa. resident Heather Musser.

The complaint alleges that Musser, 21, was diagnosed with upper extremity deep vein thrombosis on May 6, 2009, an injury she allegedly contracted after only having taken the birth control drug Ocella for two months, from March 2009 to May of that year.

The Musser lawsuit names as defendants various Bayer subsidiaries as well as Barr Laboratories Inc. and Teva Pharmaceuticals Inc.

Both lawsuits were filed as short-form complaints in the master Yaz/Yasmin/Ocella Litigation at Philadelphia’s Common Pleas Court on May 10 and seek relief as set forth in the master docket.


The case ID numbers are 120500631 and 120500675. 

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