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 1-800-461-6166 ext.2089.
SOURCE: Siskinds LLP
For further information:
Please contact Matthew Baer at (519) 660-7782 or Michael Peerless at (519) 660-7866.