MARSHALL - A Pittsburg, Texas, woman has filed a lawsuit claiming she suffered from blood clots after taking the birth control drug Yaz.
Kathryn Shurbet filed suit against Bayer Healthcare, Bayer Healthcare Pharmaceuticals Inc., Bayer Corp., Berlex Laboratories Inc., and Bayer Schering Pharma A.G. on Dec. 20 in the Eastern District of Texas, Marshall Division.
Shurbet alleges she was diagnosed with multiple pulmonary emboli after taking Yaz, an oral contraceptive. According to the suit, she began using Yaz in 2006 until she suffered from the multiple and severe blood clots in 2010.
“Despite the fact that Defendants knew or should have known of the serious health risks associated with the use of Yaz, Defendants failed to adequately warn Plaintiff and/or her health care providers of said serious risks before she used the products,” the lawsuit states.
The defendants are accused of strict products liability for defective manufacturing, defect in design or formulation, defect due to inadequate warning, defect due to nonconformance with representation, defect due to failure to adequately test, negligence, breach of express warranty, breach of implied warranty and negligent misrepresentation and/or fraud.
The plaintiff is seeking an award of damages for pain, suffering, emotional distress, loss of enjoyment of life, medical expenses, punitive damages, attorney’s fees and court costs.
Shurbet is represented by Jeffrey T. Embry and George Cowden IV of Hossley & Embry LLP in Tyler. A jury trial is requested.
U.S. District Judge Rodney Gilstrap is assigned to the case.
Case No. 2:13-cv-01118