Jessica Tyner  |  April 12, 2014

Category: Legal News

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birth control lawsuitsBayer Healthcare Pharmaceuticals Inc. has been hit with another birth control lawsuit filed by California woman who claims she suffered painful blood clot complications caused by the company’s Yaz, Yasmin and Ocella birth control pills. According to the lawsuit, Bayer marketed the pills as safer than older generation oral contraceptives, despite early reports of at least 50 deaths linked to blood clot complications.

Plaintiff Tatiana Barnes filed the birth control lawsuit on April 2, 2014. There have been so many similar complaints about birth control blood clots that a Yaz class action lawsuit has formed, although Barnes has thus far not joined the consolidated group. According to her Yaz lawsuit, she was prescribed Yaz/Yasmin/Ocella and suffered a blood clot in 2009 as a result of using the birth control pills. Bayer’s contraception was marketed a safer form of birth control, but Barnes says it has the same risks as earlier pills.

Yaz, Yasmin and Ocella were only on the market for about 10 years, and hundreds of blood clot injuries were reported during that time, which has led to the Yasmin class action lawsuit. Bayer marketed Yasmin as safe and women like Barnes say they were never adequately warned about Yasmin blood clot risks. Plus, she says Bayer has already been in trouble with the FDA for over-promoting Yasmin benefits.

Barnes also claims that Bayer ignored the warnings early on. “During the brief time that Yaz®/Yasmin®/Ocella® have been sold in the United States, hundreds of reports of injury and death have been submitted to the FDA in association with Defendants’ products. In April 2002, the British Medical Journal reported that the Dutch College of General Practitioners recommended that older second generation birth control pills be prescribed in lieu of Yasmin® as a result of 40 cases of venous thrombosis among women taking Yasmin,” her birth control lawsuit states. This was only two years after the first drug was on the market, and Barnes points out that Bayer didn’t take action.

There was still more to come. “In February 2003, a paper entitled Thromboembolism Associated With the New Contraceptive Yasmin® was published in the British Medical Journal detailing a Netherlands Pharmacovigilance Centre report of five additional reports of thromboembolism where Yasmin® was suspected as the cause, including two deaths. In fact, in less than a five-year period, from the first quarter of 2004 through the third quarter of 2008, over 50 reports of death among users of Yaz®/Yasmin®/Ocella® have been filed with the FDA.”

Barnes’ Yasmin claim details a history steeped in Yasmin side effects. “These reports include deaths associated with cardiac arrhythmia, cardiac arrest, intracardiac thrombus, pulmonary embolism, and stroke in women in their child bearing years. Some deaths reported occurred in women as young as 17 years old. Significantly, reports of elevated potassium levels are frequently included among the symptoms of those suffering death while using Yaz®/Yasmin®/Ocella®.” In Barnes’ experience, she says her doctor never told her of potential Yasmin complications because Bayer didn’t include proper label warnings.

A Close Call

At first, Barnes had no idea that her birth control and blood clot were related. “As a direct and proximate result of using Yaz®/Yasmin®/Ocella® Plaintiff suffered from a blood clot on or about 2009, resulting in ongoing physical pain, significant changes in lifestyle, medical, health, incidental and related expenses, medical monitoring and/or medications, and the fear of developing additional health consequences.” Clots can be deadly if not caught and treated in time.

She says that if she had been aware of Yasmin complications, her clot could have been avoided. “Despite the fact that Defendants knew or should have known of the serious health risks associated with the use of Yaz®/Yasmin®/Ocella®, Defendants failed to warn Plaintiff and/or her health care providers of said serious risks before she used the product. Had Plaintiff and/or her heath care providers known the risks and dangers associated with Yaz®/Yasmin®/Ocella® she would not have used Yaz®/Yasmin®/Ocella® and would not have suffered from blood clots in 2009.”

Barnes is suing Bayer for defective manufacturing, design defect, defect due to inadequate warning, negligence, fraud, breach of warranties, and violation of applicable state consumer fraud and deceptive business practices.

The birth control lawsuit is Tatiana Barnes v. Bayer Healthcare Pharmaceuticals Inc. et al, Case No.: 3:14-cv-10208-DRH-PMF, in the United States District Court, Southern District of Illinois.

Did You Get a Birth Control Blood Clot?

If you or a family member incurred a blood clot while taking a birth control pill like Yaz, Yasmin, Ocella, Gianvi or Beyaz, you may qualify for compensation. Submit your information now for a free case evaluation:

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