Pharmaceutical companies have always been the center of personal law injury controversies and this time it is Bayer. Bayer HealthCare Pharmaceuticals faces federal lawsuits filed in Ohio and Wisconsin for its compounds drospirenone and ethinyl estradiol. The company has allegedly failed to disclose the complications arising from the use of its birth control pills Yaz and Yasmin. Four lawsuits were filed after Bayer came to an agreement with the Food and Drug Administration (FDA) in 2008, allowing it to run a $20 million television ad campaign underplaying the risks. The plaintiffs claim that they suffered side effects including deep vein thrombosis, pulmonary embolism and stroke as a result of taking Yaz or Yasmin pills.

Failure-to-warn

Pharmaceutical manufacturers are legally responsible to disclose details of possible side effects to consumers, either directly or by passing relevant information to physicians. They are required by law to continue to take steps to determine side effects and communicate the same to consumers as long as a product is in the market. Failure-to-warn is among the several types of claims and lawsuits filed against pharmaceutical companies.

More lawsuits to be filed

Janet G. Abaray, the attorney representing the plaintiffs, said that more suits will be filed in forthcoming months. “That's going to be important evidence – over-promotion and downplaying the risks,” she said. “We have many cases. It's just a matter of getting all of the medical records.”

Defective product injury and help

A drug manufacturer is considered an expert in its area and is, therefore, held liable for providing information regarding known dangers and/or side effects to consumers. Someone who has been taking prescribed drugs and has suffered side effects has the right to file a lawsuit and claim compensation. In fact, you are entitled to claims even if you have not experienced side effects, but have used the drugs. Inadequate warning, or failure to warn, falls under the broad category of product liability injuries. However, these are complex claims, since most pharmaceutical companies are giants. Establishing liability requires thorough investigation and organized filing of claims. This makes it critical to consult a good personal injury lawyer to evaluate your position and file a claim against a defective product.