Last month, a federal judge blocked plaintiffs’ lawyers from viewing certain documents that Bayer claimed were privileged communication. It is the latest ruling in litigation stemming from injuries related to the Yaz birth control pill. In a report from the Madison St. Clair Record, U.S. District Court Judge David Herndon agreed with defendant Bayer’s assertion that the 145 documents in question would reveal legal advice from Bayer’s attorney.
Plaintiffs’ attorneys wanted to view the documents to prove their claims that the Yaz pill injured women. Judge Herndon read the documents in his chambers and said that the documents’ primary purpose was legal in nature. He wrote in his ruling that the key question is whether the document involves the attorney acting within his or her professional capacity.
The judge added that just duplicate copies did not go out to other attorneys does not negate their privileged status. Judge Herndon will hold trials next year on the plaintiffs’ claims that Yaz, Yasmin and Ocella caused personal injuries to women, including gall bladder injuries and blood clots. A 15-year-old girl died from a blood clot allegedly caused by Yaz, which her doctor prescribed for acne. The girl’s father filed a wrongful death lawsuit against Bayer claiming Bayer promoted off-label uses of the contraceptive.
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