Judge Says He Will Push Settlement Negotiations Following Bellwether Trials

In Order handed down on August 18, 2011, Judge Herndon, presiding Judge of the Yaz/Yasmin federal court litigation, indicated that he is working on a plan to "engage the parties in settlement discussions following the bellwether trials in a meaningful way." The court acknowledged that "[t]his comes as a surprise to the parties since the Court has not, until this moment, revealed this plan to the parties." However, the judge assured "all concerned that when the time is appropriate each party will be given input in the process."

This statement was made in the context of an order regarding how the bellwether trial plan should proceed. The Judge refused Plaintiffs request to consolidate plaintiffs for bellwether trials 2 and 3 currently scheduled for mid-late 2012. The Court did not rule out consolidating plaintiffs for trials after this first round of bellwether trials is completed. However, if the Court's settlement plan is effective, there may be no need for further trials following the initial bellwether trials.

The first bellwether trial in the Yaz litigation is still slated to begin in January 2012. The first trial involves a young woman who suffered a pulmonary embolism while using Yaz.