New Jersey Lawyer & Attorney : Stark & Stark Law Firm : New Jersey Law Blog

As we have discussed in previous posts, studies have shown that the ingredients contained in YAZ®, Yasmin® and Ocella® have been linked to various forms of severe side-effects. Reportedly, these side-effects include: heart attack, stroke, deep vein thrombosis (also known as DVT or blood clots), internal organ damage (including gallbladder damage), myocardial infarction and pulmonary embolism. Recently, a large number of YAZ® lawsuits have been designated as Mass Tort or Multidistrict Litigation (MDL) cases.
 

The parties involved in the Mass Tort litigation have agreed upon the wording of a form called the Plaintiff Fact Sheet.  In pharmaceutical cases with Mass Tort or MDL designations, plaintiffs are required to submit a detailed Plaintiff Fact Sheet.  The Plaintiff Fact Sheet requires the plaintiff to supply medical, liability and general background information within a specified time period, usually subject to periodic updating and revision.  While much of the information requested in the Plaintiff Fact Sheet may seem cumulative or irrelevant, that information is crucial to gauging the relative strengths and weaknesses of each plaintiff’s respective claim.  In this manner, the Plaintiff Fact Sheet is instrumental in permitting both parties, as well as the Court, to choose “bellwether cases” for case specific discovery and, possibly, trial.

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The NuvaRing® Mass Tort is presided over by Judge Brian R. Martinotti, in the New Jersey Superior Court - Bergen County. Previously, counsel for both plaintiffs and defendants had chosen ten initial bellwether cases for case specific discovery and trial. On, March 3, 2010, Judge Martinotti held a Case Management Conference. During that conference, Judge Martinotti determined that the discovery deadline on the initial bellwether cases would be March 15, 2011, culminating in proposed trial dates some time in May 2011. 
 

As we have discussed in previous posts, studies have shown that the ingredients contained in the birth control product NuvaRing® have been linked to various forms of severe side-effects including: heart attack, stroke, deep vein thrombosis (also known as DVT or blood clots), internal organ damage, myocardial infarction and pulmonary embolism.
 

At Stark & Stark we pursue claims throughout the nation against drug manufacturers, so they can be held accountable when the drugs they market are proven to be defective or cause catastrophic injury to the people who use them. Contact Stark & Stark to speak with one of the Mass Tort/ Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the manufacturers of NuvaRing®.

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As we have discussed in previous posts, studies have shown that the ingredients contained in YAZ®, Yasmin® and Ocella® have been linked to various forms of severe side-effects. Reportedly, these side-effects include: heart attack, stroke, deep vein thrombosis (also known as DVT or blood clots), internal organ damage (including gallbladder damage), myocardial infarction and pulmonary embolism. Recently, a large number of YAZ® lawsuits have been designated as Mass Tort or Multidistrict Litigation (MDL) cases.

Studies show that one of the more serious YAZ® side effects, Yasmin® and Ocella® use is Deep Vein Thrombosis, which is commonly known as DVT. DVT is a condition characterized by the presence of a blood clot in a vein, usually in the legs or pelvis. DVT does not always show symptoms, but may cause swelling and pain in the affected extremities. If the blood clot dislodges and travels to the lungs, it may cause a Pulmonary Embolism - this potentially fatal condition is commonly known as a PE. Studies also show that DVT and PE sufferers have a heightened risk of long-term complications and multiple DVT and PE episodes, which can, in turn, lead to the need for continuing treatment. Further, DVT and PE sufferers have a much higher incidence of arterial thrombosis, heart attack and stroke.

Stark & Stark’s Mass Tort/Pharmaceutical Litigation Team pursues claims throughout the nation against drug manufacturers, so they can be held accountable when the drugs they market are proven to be defective or cause catastrophic injury to the people who use them. If you feel you have experienced any side-effects from taking YAZ® or Yasmin® (or the generic brand, Ocella®), you can contact Stark & Stark and speak to one of the Mass Tort/ Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the YAZ®, Yasmin® or Ocella® manufacturers.

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NuvaRing®, the combined contraceptive vaginal ring that is supposed to provide month-long birth control, is currently involved in a Multi-District Litigation (“MDL”) in the United States District Court for the Eastern District of Missouri.  Plaintiffs have advanced claims that NuvaRing® is responsible for injuries in some individuals.

The Court recently denied a motion by Defendants to dismiss the Master Consolidated Complaint in the MDL.  On August 17, 2009, Defendants filed a motion for certification of an interlocutory appeal.  Defendants seek the Court’s permission to challenge the denial of Defendants’ motion to dismiss.  In plain English, this means that Defendants are attempting to appeal in the middle of the ongoing case.  Defendants base their proposed appeal on the contention that the Court misapplied controlling precedent in Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009) and the standards found in the Federal Rules of Civil Procedure.  Iqbal is a recent case that made it easier for courts to dismiss a Plaintiff’s complaint.  If the Court allows an interlocutory appeal, it will probably significantly delay the proceedings. 

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As most New Jersey employers and employees alike are aware, since January 1, 2009, payroll deductions have been taken to fund New Jersey’s Paid Family Leave benefit.  Paid leave benefits themselves, however, only become available as of July 1, 2009.  With this commencement date approaching, it is important for employees to understand whether or not they may be eligible for Paid Family Leave benefits, the value of the benefits, and what they need to do to obtain them.  It is also important for employers to understand their rights and obligations under this relatively new law to ensure compliance with the same.

What is New Jersey Paid Family Leave?
New Jersey Paid Family Leave is funded 100% by employees through payroll deductions and benefits are administered through the State’s existing Temporary Disability Benefits Program.  It is not really a “leave” program, rather it is a wage replacement law – similar to temporary disability benefits laws.  In fact, although commonly referred to as the Paid Family Leave law, it is officially called the Family Temporary Disability Leave law.

It is a true “family leave” program, however, in that paid leave benefits are only available to employees to help care for a qualifying family member – benefits are not available if out of work due to one’s own illness or to otherwise care for one’s self.

Paid Family Leave runs concurrently with unpaid Family and Medical Leave Act “FMLA” and/or New Jersey Family Leave Act (“NJFLA”) leaves and does not reduce or impact leave rights under either FMLA or NJFLA.  In addition, Paid Family Leave benefits are also available to employees of smaller employers – who may not be entitled to FMLA or NJFLA leaves.  Paid Family Leave, however, is not a protected leave and does not provide any independent right to reinstatement or other job protection.

How much does it pay and for how long do benefits last?
Employees are entitled to 2/3 of their average weekly wage, up to a $524 per week maximum.  Eligible employees may take up to 6 weeks of Paid Family Leave.
 

Are you eligible?
All employees who have worked 20 calendar weeks in covered New Jersey employment or who have earned at least $7,150.00 (1000 times NJ minimum wage [currently $7.15/hr]) during the 12 months preceding any leave are eligible to receive Paid Leave benefits.

For what reasons can you take Paid Family Leave?
Employees can take paid leave to care for a newborn, within 12 months of birth; to care for a newly adopted child, within 12 months of placement; or to care for a family member with a serious health condition.  The definitions of qualifying “family members” and “serious health conditions” are similar to those employed by the FMLA and NJFLA.  Leave can be taken concurrently or intermittently. 

What do you have to do to obtain benefits?
Application for benefits will be made to the State.  If taking Paid Family Leave to care for a sick family member, you will be required to obtain and submit medical certifications and, in some instances, the State may require that family member to obtain a neutral medical certification.  There will generally be a 1-week waiting period before you can receive Paid Family Leave benefits.  If benefits continue for 3 weeks, benefits are payable retroactive to the first day of the leave.

 

Obligations of both Employers and Employees
Employers must comply with various notice and posting requirements and should also consider adopting and implementing policies that govern whether or not employees will be required and/or permitted to use sick, vacation or other fully paid time off accrued under company policy before using Paid Family Leave.  Employers must submit specific information to the State, including wage information and information about company paid leave benefits within 9 days of the start of the leave. 

Employees need to be aware of various notice requirements that must be given to employers of the intent to take Paid Family Leave and deadlines by which to apply for benefits with the State, typically within 30 days after the leave begins.

Both employees and employers alike should check for specific eligibility requirements and obligations with the New Jersey Department of Labor or their legal counsel to ensure both compliance with the new law and enforcement of their rights pursuant to the New Jersey Paid Leave law.

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