Tuesday, September 29, 2009

Yaz, Yasmin and Ocella Litigation - Consolidation not Class Action Lawsuit

Many people think that class action lawsuits are the same thing as cases consolidated in one state court or in a federal court MDL (multidistrict litigation). However, the personal injury claims made in products liability claims like those involving Yaz, Yasmin and Ocella, are too unique to be handled in a class action lawsuit. Instead each plaintiff 's case must proceed based on their individual injuries caused by the dangerous drug.

As we have discussed before, a motion has been filed to consolidate the federal court Yaz, Yasmin and Ocella cases in an MDL in the Northern District of Ohio. The Judicial Panel on Multidistrict Litigation held a hearing on that motion last week. A decision on the consolidation is expected around the end of October.

In addition, numerous cases filed in Pennsylvania state court have been consolidated in the Philadelphia Court of Common Pleas.

Consolidation of the cases will eliminate duplicate discovery in the numerous cases and avoid inconsistent rulings from judges in courts across the country. Usually when cases are consolidated, the first trials conducted, also known as "bellwether" trials will proceed in the court where pretrial litigation is proceeding. The remaining cases will be returned back to their original courts for individual trials or settlement.

If you have suffered a serious injury such as stroke, pulmonary embolism, deep vein thrombosis or gallbladder disease after taking these birth control pills, contact a lawyer to discuss your legal rights. An experienced dangerous drug lawyer can explain the differences in case consolidation versus class action lawsuit status and evaluate your case for you.

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