Wolcott v. Bayer Healthcare Pharmaceuticals, Inc. et al

Filing 15

ORDER granting 14 Motion to Dismiss. Signed by Chief Judge David R. Herndon on 9/19/2011. (dsw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS

IN RE: YASMIN AND YAZ
(DROSPIRENONE) MARKETING, SALES
PRACTICES AND PRODUCTS LIABILITY
LITIGATION

)
)
)
)
)

3:09-md-02100-DRH-PMF
MDL No. 2100
ORDER

This Document Relates to:
Amanda Wolcott v.
Bayer HealthCare Pharmaceuticals, Inc., et al.

No. 3:10-cv-12580-DRH-PMF

Anna Korbut v.
Bayer HealthCare Pharmaceuticals, Inc., et al.

No. 3:10-cv-11793-DRH-PMF

ORDER GRANTING PLAINTIFFS’ MOTION TO DISMISS CERTAIN
DEFENDANTS WITH PREJUDICE
HERNDON, Chief Judge:

The plaintiffs in the above captioned actions have filed motions to
dismiss defendants Barr Laboratories (“Barr”), Inc. and Teva Pharmaceuticals
USA, Inc. (“TUSA”) (Wolcott Doc. 14; Korbut Doc. 12). Counsel for plaintiff states
that counsel recently learned that Ocella1 was not on the market prior to each of

1

The role of Barr and TUSA is explained in MDL 2100 Case Management Order
31:
Barr and TUSA distribute an authorized generic of the oral
contraceptive product Yasmin® in the United States of America. The
name of the authorized generic distributed by Barr and TUSA is
Ocella®. Bayer Schering Pharma AG manufactures drospirenone
and ethinyl estradiol, the progestin and estrogen contained in
Yasmin® and Ocella®, and Schering GmbH & Co. Produktions KG
creates the Yasmin® and Ocella® tablets. Ocella® is provided to
Barr and TUSA for distribution in the United States by Bayer

the above plaintiff’s alleged injury.

Therefore the injuries plaintiffs allegedly

sustained cannot be attributed to the use of Ocella. Plaintiffs therefore request
that defendants Barr and TUSA be dismissed with prejudice. No defendant has
responded to either motion to dismiss.
Accordingly, the Court ORDERS as follows:
Defendants, Barr Laboratories Inc. and Teva Pharmaceuticals USA, Inc., are
hereby dismissed with prejudice.
SO ORDERED
Digitally signed by David R. Herndon
Date: 2011.09.19 10:32:49 -05'00'

Chief Judge
United States District Court

Date: September 19, 2011

Schering Pharma AG pursuant to a certain Yasmin® Distribution
and Supply Agreement by and between Bayer Schering Pharma AG
and Barr, dated June 23, 2008.
(MDL 2100 Doc. 1659 II 2).

2