Herndon dismisses Yaz claims after plaintiffs fail to fill out fact sheets

Steve Korris Apr. 8, 2011, 4:15am


EAST ST. LOUIS – Thirteen women who sued drug maker Bayer over injuries from oral contraceptives didn't follow through with a single fact to support their claims.

U.S. District Judge David Herndon dismissed the claims in March, after the women failed to fill out fact sheets in support of vague complaints.

Five of the 13 alleged that injuries required removal of their gall bladders.

Another claimed she required gall bladder surgery.

Two claimed they required cholecystectomies.

One claimed she suffered an embolism.

Two claimed injuries without detail, and one claimed pain.

Margie Busch of Madison, Tenn., claimed she suffered a clot and thrombosis.

Her lawyer, Richard Schulte of Dayton, Ohio, originally sought compensatory damages, special damages, permanent disability benefits, double and triple damages, and punitive damages more than twice the compensatory damages.

For Ashley Kerr of Spring Hill, Fla., Jeffrey Messinger of the Milberg firm in New York originally sought to recover for gall bladder removal, other severe permanent injuries, ongoing medical expenses, fear and anguish.

Christopher Schnieders, Thomas Cartmell, and Jeffrey Kuntz, of Kansas City, Mo. represented four of the 13.

Greg McEwen of Inver Grove Heights, Minn., represented two.

In February, Bayer identified 28 plaintiffs who hadn't filled out fact sheets.

Lucia McLaren of Minneapolis, representing 13 plaintiffs on the list, provided fact sheets in time to rescue all but two claims.

Four other lawyers kept cases alive with last minute fact sheets.

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