Debate Over Contraceptive Questions Major Issue in Pennsylvania Hearing
A hearing was held in Philadelphia on Friday to discuss certain discovery issues in the Yaz, Yasmin and Ocella litigation . Of utmost concern was the questions defendants will be allowed to ask plaintiffs on a litigation questionnaire usually referred to as a "Fact Sheet".
Defense lawyers want the ability to ask plaintiffs about their complete contraceptive history. Plaintiffs lawyers oppose the request because they are concerned that these questions will delve too far into plaintiffs' sexual histories. Because many of the plaintiffs are young women who are participating in the litigation along with their parents, exposure of these details may dissuade these girls from pursuing these claims.
Judge Sandra Moss, coordinating judge of Philadephia's mass torts program, indicated she thought defendants' suggested questions were overreaching. She admited defendants were probably entitled to some information about other contraceptives used by plaintiffs, such as other hormonal birth control. Defendants argued the questions they wanted to ask were similar to those on Fact Sheets in the Ortho Evra and NuvaRing litigation. Judge Moss did not seem persuaded by this argument stating she has never been much of a follower.
Judge Moss stopped short of ruling on the issues in front of her at Friday's hearing. Instead, she ordered plaintiffs' and defense' counsel to try to work out the details of the questionnaire. To that end, she mandated that both sides meet with joint discovery masters, Harris Bock and Judge Richard B. Klein. If counsel could not reach an agreement, Moss said she would determine the issues by court order, but stressed she supports efforts to reach compromise in the management of mass tort litigation.
The Yaz, Yasmin and Ocella lawsuits were approved for mass tort treatment in September. The approximately 167 cases filed so far allege injuries including stroke, heart attack, pulmonary embolism, deep vein thrombosis, gallbladder removal and serious kidney disease. There are likely to be as many as 1,000 cases filed in Pennsylvania against Bayer, the maker of Yaz and Yasmin, and the makers of the generic form of the birth control pill, Ocella.