Judge Orders Bayer to Fly German Executives to U.S. for Yasmin Trial
Judge David Herndon, who
will be present for all of the Yasmin/Yaz trials filed against Bayer, ordered
the company to pay for its German executives to travel to America and to
provide depositions for the trial. Bayer has already taken the measure to
reduce the amount of documents produced in discovery claiming that the paper
weighs up to 200 tones. The company has tried this tactic before on the phone
during the meeting in November 2010. But the representatives Joachim Marr,
Hartmut Blod, and Ilka Schellschmidt were ordered by Herndon to the United
States because Herndon believes, "equities favor the depositions being held in
the U.S."
Bayer had already said that Blode and Schellschmidt could be used as representatives to discuss pre-clinical development and clinical issues discussed in the trial. However, German law prevents American-style depositions to be held in Germany. Bayer has offered three representatives to be flown to Belgium. The idea was flatly rejected by attorneys for the Plaintiffs with the argument that the cost of flying to all attorneys into Belgium would be prohibitive.
Bayer said that both the jet lag and time it takes to travel to the U.S. from this distance would prevent the officers from doing their job. Bayer was forced to make a new order of protection. At the time of the conference, Herndon denied protection to Bayer and the company required the company representatives to fly to the U.S. for the depositions. Herndon claimed his jurisdiction to the dismay of Bayer and its attorneys. Although Yaz/Yasmin prosecutions have yet gone to trial, there are many activities going on pre-trial and Bayer seems to purposefully drag its feet in the process. So far, Herndon does not let their excuses go very far.
While the future of the Yasmin/Yaz lawsuits can not be determined before they are settled or go to court, one thing remains certain: the residing judge is not letting Bayer get away with stonewalling the attorneys or the court. As a product liability attorney in the Midwest, I am pleased that the courts are taking the steps necessary to protect the public and send a message to other foreign manufacturers of medication. If you or someone in your family was injured by a prescription drug with defects or labeling error, call 888.945.2487 for a free consultation with an experienced product liability attorney.
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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles product liability cases that result in personal injury or death throughout the United States. If you have been hurt or have lost a loved one due to the negligence of a drug company, please contact a product liability attorney to learn your rights. It is always free to discuss your case and there are never any attorney's fees until we recover on your behalf.
