The 406 YAZ, Yasmin, and Ocella cases filed or transferred to the Southern District of Illinois before Judge David R. Herndon are proceeding apace.
The Judge has been primarily concerned with case management and establishing procedures that will guide the litigation through to completion, including potentially bellwether trials (early trials that can reveal case strengths and weaknesses as viewed by juries, and which often promote settlement). Also on the Judge’s list has been finding a way to deal with several of the foreign entities. In litigation where foreign entities are involved (in this case, the Germany-based Bayer has several corporate offshoots), service is oftentimes required to be done following procedures set in the Hague Convention, which can include translating documents to the foreign language at issue. (Judge Polster dealt with this in the Gadolinium litigation, and decided that after the translation and service of one complaint following Hague guidelines, formal adherence to those rules were no longer necessary).
There are 393 filings to date, with most of them being the opening of “member cases.” Member cases are cases received from other federal courts, transferred to the Southern District of Illinois through MDL protocols. You can also see the following documents:
- Minutes of the December 17, 2009 status conference
- Protective Order, as codified in Order 7 by the Court
For more information on the YAZ, Yasmin, and Ocella litigation, see prior Drug Recall Lawyer Blog postings.