Product liability can apply to any consumer product, including medications. When a drug is found to have harmful effects, most people consider it a defective drug. But in many cases, the drug is not defective at all.
There are three general categories for product liability: defective products, dangerous products, and improper marketing of products. The case of 4th generation birth control pills Yaz, Yasmin and Ocella is a good example of the second category, dangerous products, which means that while the drug is properly manufactured (not defective), it is still inherently dangerous. The liability lies in the failure to inform or warn potential users about the inherent risks attached to the product.
This is the main point that plaintiffs are making in their pursuit of personal injury claims against Bayer, the manufacturer of Yaz, Yasmin, and indirectly, Ocella. They are claiming that Bayer knew or should have known that the products were dangerous, and concealed it from the public by neglecting to include this information in labels and package inserts, as well as announcing it to the medical community.
To date, there have been in excess of 8,000 claims filed against Bayer. In 2012, the company agreed to address about 3,200 of these in a settlement program with a fund pool of $1 billion. The reality is that as of July 8, 2013, $1.4 Billion had been paid out to 6,760 claimants, which averages to about $200,000 per claimant, and still there are 5,400 which remain to be settled. Bayer is expecting more cases to be filed in the future, including those for Safyral and Beyaz, more recent additions to the drospirenone-containing birth control pill family produced by Bayer. Bayer is still not admitting any liability for the products.
If you or a family member developed blood clots from using Yaz, Yasmin or Ocella which resulted in deep vein thrombosis or pulmonary embolism, you may still be able to make a claim against Bayer. Get in touch with a products liability lawyer in your area with experience in dealing with pharmaceutical companies to get the ball rolling.Read More