Wrongful Death Lawsuit Filed Against Bayer
Chicago, IL (Law Firm Newswire) February 11, 2013 – A wrongful death lawsuit has been filed against the drug manufacturer Bayer.
A wrongful death lawsuit has been filed against Bayer Healthcare Pharmaceuticals, Inc. by the husband of a woman who died of a pulmonary thromboembolism after taking a contraceptive manufactured by the company. Donald Swierenga filed the lawsuit, as the executor of Sue Swierenga’s estate in the U.S. District Court of the Southern District of Illinois, where Judge David Herndon presides over multidistrict litigation (MDL) regarding the contraceptive.
“If the facts are as alleged in the complaint, then a wrongful death lawsuit is appropriate,” said Paul Greenberg, a Chicago wrongful death attorney, who is not involved in the case.
The multidistrict legislation against Bayer concerns a contraceptive and its generic equivalents known as Yaz, Yasmin, Gianvi and Ocella. The oral contraceptives contain drospirenone, a synthetic progestin. Some studies have demonstrated a link between the use of drospirenone and an increased risk of blood clots, which can lead to stroke, pulmonary embolism or deep vein thrombosis. Drospirenone has also been linked to side effects such as gall bladder disease and heart problems.
According to the lawsuit, Sue Swierenga was prescribed Gianvi beginning at some point before August of 2010, and died of pulmonary embolism on January 1 of 2011. The lawsuit alleges that Bayer was aware of the risks of the contraceptive and failed to warn Swierenga or the public, or provide a safer alternative. The lawsuit seeks damages of more than $350,000 for Sue Swierenga’s personal injuries and her husband’s loss of companionship, as well as compensation for funeral expenses, medical costs and other losses.
The multidistrict litigation procedure is used when many different lawsuits include common questions of fact. The Bayer MDL is one of the largest in the nation. Judge Herndon has ordered plaintiffs and defendants to begin settlement negotiations, and some settlements have already been reached.
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