Yaz, Yasmin, Ocella and Gianvi
Lawyers Counseling Victims of Dangerous Drugs Nationwide
Yaz and Yasmin, as well as their generic counterparts Ocella and Gianvi, are contraceptive pills that use a synthetic hormone to stop ovulation and prevent pregnancy. They are manufactured by Bayer Pharmaceuticals and marketed by Teva Pharmaceuticals. Our Yaz lawyers know that multiple studies have shown that these drugs dramatically increase the risks of suffering blood clots, deep vein thrombosis, pulmonary embolism, heart attack, stroke, and gallbladder injuries. An FDA study found that there is a 74% increased risk of blood clots among this group of birth control consumers. According to the FDA, between 2004 and 2008, the pills allegedly caused more than 50 deaths. Bayer agreed to settle more than 8,250 claims for $1.7 billion. If you suffer a serious injury from taking Yaz, Yasmin, Ocella, Gianvi, or another defective drug, the product liability attorneys at Moll Law Group are available to represent you.
Pursuing Compensation for Defects in Yaz, Yasmin, Ocella, and Gianvi
Millions of women around the world have taken Yaz, Yasmin, Ocella, or Gianvi, not knowing of the serious risks. Anyone in the chain of distribution from the manufacturer to a retailer can potentially be held strictly liable for a failure to warn when a consumer is injured as a result. A failure to warn is considered a marketing defect, for which a manufacturer may be held strictly liable. Under a strict liability theory, a manufacturer may be responsible for damages even if it acted with reasonable care. However, a few states still do require a plaintiff to prove negligence, which means that the defendant had a duty to provide a warning, the manufacturer breached the duty, and the breach caused injuries and actual damages.
Important warnings about products must be easily understood by the average consumer and visible such that consumers would see the warning. Some warnings are placed directly on the product or in an insert that comes with the pharmaceutical. However, under the learned intermediary doctrine, adopted by most states, a manufacturer discharges its duty to warn by warning the physicians who prescribe the medication. The physician is considered in a better position to know whether a patient is a good candidate for the medication and whether the risk is worth taking.
Defendants are not able to avoid strict liability by claiming they were unaware of the risk, or the risk was only understood after the product was on the market. For example, Bayer was required to stay knowledgeable about the risks associated with Yaz, Yasmin, and the generic versions of these drugs. If a Yaz lawyer can show that it could have discovered the risks by using reasonable research and testing, Bayer may be liable for failing to warn about any risks it should have discovered.
If you are able to prove your failure to warn case, you can recover economic and noneconomic compensatory damages. Economic damages include medical bills, lost income, out-of-pocket costs, and other tangible damages. If you suffer deep vein thrombosis, stroke, or heart attack, you will likely need hospitalization, which can be very expensive. You may also need long term, specialized care or vocational rehabilitation. Noneconomic damages are those damages the jury believes naturally flow from the types of injuries you suffered. They may include pain and suffering, mental anguish, and loss of consortium for a spouse.
Consult an Experienced Yaz Attorney
If you were harmed by taking Yaz, Yasmin, Ocella, or Gianvi, our product liability lawyers are available to assist you in pursuing compensation for your injuries. Moll Law Group represents consumers throughout the nation, including in states such as California, Florida, New York, Pennsylvania, Ohio, Texas, and Michigan. Billions of dollars have been recovered in cases in which we were involved. Call us at 312-462-1700 or complete our online form to arrange a free consultation with a Yaz attorney.