| Yaz lawyers are pharmaceutical product liability | | | | In 2008 the FDA wrote to Bayer, again warning |
| attorneys and medical fraud lawyers who are | | | | of the misleading character of its television |
| currently investigating and filing claims against the | | | | advertisements for Yaz and Yasmin to obscure |
| manufacturers Bertex/Bayer. The evidence to | | | | the risks of the drug. According to the FDA "The |
| date suggests that the use of Yaz and Yasmin | | | | overall effect of the distracting visuals, graphics, |
| are associated with heart attack and stroke, | | | | concurrent supers and background music is to |
| other venous and arterial thrombotic and | | | | undermine the communication of the important |
| thromboembolic events, deep vein thrombosis, | | | | risk information, minimizing these risks and |
| DVT, thromboembolism, pulmonary embolism and | | | | misleadingly suggesting that Yaz is safer than has |
| blood clots and well as hypertension, cardiac | | | | been demonstrated by substantial evidence or |
| arrhythmia, gallbladder disease and other side | | | | substantial clinical experience." And the risks that |
| effects. | | | | the FDA considered were minimized by Bayer in |
| From the Yaz lawyers' perspective, the Yaz | | | | its advertising, included venous and arterial |
| Yasmin lawsuits are relatively unique as | | | | thrombotic and thromboembolic events, such as |
| pharmaceutical product liability litigation because of | | | | myocardial infarction (heart attack), |
| the evidence of misrepresentation, fraud and | | | | thromboembolism and stroke, hepatic neoplasia, |
| over-promotion of the drugs on the part of the | | | | gallbladder disease and hypertension. |
| manufacturers, both misrepresenting the potential | | | | Our Yaz drug fraud lawyers consider that there |
| benefits of the drugs and minimizing their risks. | | | | are substantial advantages to including fraud and |
| Some Yaz lawyers will approach the litigation | | | | misrepresentation "causes of action" to the usual |
| solely as pharmaceutical product liability lawsuits; | | | | strict product liability and negligence claims |
| others, with experience in medical fraud litigation | | | | commonly brought in drug product liability litigation. |
| will want to include causes of action also for fraud | | | | One advantage is that there will be the potential |
| and misrepresentation, and will likely seek punitive | | | | to obtain "punitive damages," in addition to the |
| damages for manufacturers. For a more | | | | usual compensatory damages, to punish the drug |
| complete discussion you may consider "Yaz Drug | | | | company for its misrepresentations and to set an |
| Fraud, the Lawyer's Perspective" an article that | | | | example so that other drug companies will not |
| also considers objectively the options to pursue | | | | use the same tactic of misrepresentation again. |
| Yaz litigation in the context of large MDL or class | | | | Punitive damages may indeed be deemed |
| action cases or as individual litigation. | | | | appropriate and justified. As the result of the |
| The evidence of the Bayer entities | | | | Bayer entities misrepresentation of the benefits |
| over-promotion and misrepresentation of both the | | | | and risks of Yas and Yasmin in its television |
| benefits and risks of Yaz have yielded the | | | | commercials it quickly obtained an advantage over |
| concurrence of the FDA, in letters to the | | | | the other manufacturers of birth control pills. Our |
| manufacturer. In 2003 the FDA wrote to Bertex | | | | Yaz drug fraud lawyers consider that the success |
| Laboratories, then the manufacturer of Yasmin, a | | | | of Yaz and Yasmin indeed can be directly |
| company subsequently purchased by the Bayer | | | | attributable to its misrepresentations with regard |
| entities, stating: "The TV ad misleadingly | | | | to the drugs purported benefits over other birth |
| overstates the efficacy and safety of Yasmin by | | | | control pharmaceuticals. The Bayer entities have |
| suggesting that Yasmin is unique and therefore | | | | made their huge profits in substantial part because |
| clinically superior to other birth control pills because | | | | of their advertising misrepresentations, and as our |
| it contains the chemically different progestin | | | | Yaz drug fraud lawyers analyze it, punitive |
| drospirinon." Despite the FDA correspondence, | | | | damages would be justified to strip Bayer of its |
| Bertex and then Bayer continued to mislead the | | | | ill-gained profit and to set the example for other |
| public in their advertising, both misrepresenting the | | | | drug companies that they too must refrain from |
| drug as superior to other birth control | | | | misrepresentation as the means to gain the |
| pharmaceuticals and minimizing the risks. | | | | competitive advantage. |