Media Advisory - Yasmin® and Yaz® class action - Notice of certification
LONDON, ON, April 16, 2013 /CNW/ - The class action relating to the oral
contraceptives Yasmin(®) and Yaz(®) was certified by the Honourable Justice
Crane, of the Ontario Superior Court of Justice on April 15, 2013.
In March 2010, Siskinds LLP filed a class proceeding against Bayer Inc. with
respect to its oral contraceptives Yasmin(®) and Yaz(®). The claim alleges
that Yasmin(®) and Yaz(®) are associated with increased risk of suffering
various types of blood clots and gallbladder disease, compared to other
available oral contraceptives. The claim further alleges that the increased
risk was known to Bayer Inc. and they failed to timely or adequately
communicate the risk information to consumers and the medical community.
The class action includes all persons in Ontario who used Yasmin(®) and/or
Yaz(®) between the time these drugs were first made available in Canada (2004
and 2008 respectively) and November 30, 2011.
Among the issues the court approved for determination at trial are whether
Bayer Inc. breached a duty to warn class members or materially misrepresented
any of the risks of harm from using Yasmin(®) and/or Yaz(®), compared to
other available oral contraceptives and whether Yasmin(®) and/or Yaz(®) are
defective or unfit for the purpose for which they were intended and sold.
Another issue approved for determination is whether the class can elect to
require Bayer Inc. to account for all or part of the gross revenue or net
income received from the sale of Yasmin(®) and/or Yaz(®).
Michael J. Peerless, a partner with the London law firm Siskinds LLP said, "We
are very pleased that women across Ontario, who we allege were exposed to
increased risks of blood clots and gallbladder disease on account of their use
of Yasmin(®) and/or Yaz(®), as opposed to other birth control pills, will be
allowed to go forward with their claims on a class basis. We look forward to
taking the next steps in this litigation."
It is too early at this stage to quantify the claims of class members if the
action is successful, but it is anticipated that the amount will be
significant. Any women in Ontario who use or have used Yasmin(®) and/or
Yaz(®) are encouraged to visit www.classaction.ca or call Christina Noble at
Please contact Matthew Baer at (519) 660-7782 or Michael Peerless at (519)
SOURCE: Siskinds LLP
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CO: Siskinds LLP
-0- Apr/16/2013 18:27 GMT
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