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Wednesday, December 16, 2009

Yaz & Yasmin News | Yaz Judge to Limit Questing about Sex Lives

Yaz Judge Likely to Limit Questioning About Plaintiffs’ Sex Lives

The judge presiding over hundreds of Yaz birth control pill injury lawsuits has indicated she will not allow attorneys for the drug’s maker to delve too deeply into the sexual history of women bringing the lawsuits.

Attorneys for Bayer Healthcare Corp. want to ask the plaintiffs some questions about their sex lives, including other types of contraceptives they have used. Philadelphia Common Pleas Court Judge Sandra Mazer Moss said while she may allow some questions, she does not intend to turn the questioning into a sleazy examination of how many sexual partners the plaintiffs have had, according to a Law.com report.

The use of Yaz, Yasmin and a Ocella contraceptives has been linked to life-threatening blood clots, pulmonary embolism, deep vein thrombosis, stroke, heart attack, breast cancer, gallbladder injuries or liver tumors. The pills use the same type of the hormone progestin, which can raise the levels of potassium in the blood, leading to health problems.

Hundreds of plaintiffs have sued the maker of the drug, accusing them of causing injuries and seeking financial compensation for their medical bills and other damages.

JUDGE TO LIMIT SEXUAL QUESTIONS

It’s not unusual for defense attorneys to ask for permission to pepper plaintiffs with tons of questions, including on taboo topics such as their sex lives in an effort to discourage them from pursuing their legal rights. Some women who claim they were injured by Yaz or related contraceptives may be scared off at the thought of having to expose their personal lives in court. This could be particularly for girls as young as 15 who are among those suing for Yaz-related injuries, attorneys said.

“Such an intimate exploration of their sexual practice is irrelevant, unduly intrusive into very private and personal matters, and appears to be designed to intimidate, rather than discover, relevant information,” the plaintiffs’ attorneys said in a legal brief.

It looks like the Yaz plaintiffs have a friend on the bench in Judge Mazer Moss. During a recent hearing, the judge even joked that she was surprised the defense attorneys haven’t asked for permission to ask female plaintiffs how many sexual partners they have had, Law.com reports.

“Then we could put out a brochure and everyone will know,” the judge said.

For the record, attorneys for the women said they do not object to questions about other contraceptives the plaintiffs have used or releasing complete medical records for the women. The judge ordered attorneys for both sides to try and hammer out a compromise questionnaire to be given to plaintiffs.

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