Herndon tosses cases from Yaz litigation

Steve Korris Nov. 12, 2010, 3:38am


EAST ST. LOUIS – Carey & Danis law firm of Clayton, Mo., lost 23 suits against drug maker Bayer for failure to supply any facts behind their claims.

On Oct. 29, U.S. District Judge David Herndon dismissed the cases from national litigation over oral contraceptives Yasmin, Yaz and Ocella.

In most of the cases, Andrew Cross and Francis Flynn of Carey & Danis blamed Bayer for gall bladder removal.

Other suits alleged strokes and vein disorders.

All suits followed the same script except for state of residence and disease.

Four came from Alabama, two each from Missouri, Mississippi, and Arizona, and one each from California, Nebraska, Ohio, Florida, Utah, Louisiana, Nevada, Tennessee, Michigan, Texas, Oklahoma, Wisconsin and North Carolina.

Bayer moved to dismiss them on Oct. 4 and Oct. 6.

John Galvin of St. Louis wrote that each plaintiff must serve a fact sheet including a signed declaration and authorization to release records.

Fact sheets from Cross and Flynn left out vital information, according to Galvin.

"For example, not one plaintiff submitted all required authorizations," he wrote.

"In addition, in most cases, plaintiffs did not sign the plaintiff fact sheet declaration or provide responsive and substantially complete answers to plaintiff fact sheet questions regarding personal and family medical history," he wrote.

"Instead, plaintiffs responded to these questions by stating 'see medical records,' even though most have not produced medical records," he wrote.

Herndon threw them out on Oct. 29.

He presides over thousands of Bayer suits from federal courts around the nation by appointment of the U S. Judicial Panel on Multi District litigation.

Since he started requiring fact sheets earlier this year, 111 plaintiffs have voluntarily dismissed their claims.

On Nov. 9, Peter Goss of Kansas City dismissed three suits alleging severe injuries on behalf of women from Pennsylvania, Utah and California.

Edward Wallace of Chicago dismissed a New Jersey woman's gall bladder removal suit.

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