United States District Court, S.D. Illinois
IN RE YASMIN AND YAZ DROSPIRENONE MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION MDL No. 2100 This Document Relates to: Heather Bishop, et al.
Bayer HealthCare Pharmaceuticals Inc., et al. No. 3:11-cv-10942-DRH-PMF Paula Bruno, et al.
Bayer Corporation, et al. No. 3:12-cv-11521-DRH-PMF Carmaletia L. Cruz, et al.
Bayer Pharmaceuticals Corporation, et al. No. 3:10-cv-12481-DRH-PMF Jennifer Cruz
Bayer Corporation, et al. No. 3:11-cv-20161-DRH-PMF Keli Chase Mbaye
Bayer Corporation, et al. No. 3:10-cv-20269-DRH-PMF Donna Shirley
Bayer Corporation, et al. No. 3:09-cv-10119-DRH-PMF
HERNDON, District Judge
matter is before the Court on Bayer's motion, pursuant to
Case Management Order 76 (“CMO 76”) for an order
dismissing the above captioned plaintiffs with prejudice for
failure to submit a complete Claim Package as required under
Section 5.02(A) of the Settlement Agreement. None of the
above captioned plaintiffs has responded to the motion.
Accordingly, the Court accepts as true the allegations in the
pending motion to dismiss. Based on the record and the
following, the motion to dismiss, as to each of the above
captioned plaintiffs, is GRANTED.
August 2015, Bayer and a committee of plaintiffs' counsel
appointed by this Court in cooperation with the state court
judges in the Pennsylvania, New Jersey and California
coordinated proceedings negotiated a Settlement Agreement to
resolve claims involving alleged arterial thromboembolism
(“ATE”) injuries (“ATE Resolution
Program”). On August 3, 2016, the Court entered Case
Management Order 76 (“CMO 76”), the ATE
Settlement Implementation Order (MDL 2100 Doc. 3786).
Settlement Agreement set forth the timing and procedure for
Claimants to opt in to the ATE Resolution Program.
Specifically, each Claimant wishing to opt in to the program
was required to submit an Opt-In Form, which was attached to
CMO 76 as Exhibit B. The Opt-In Form specifically provides,
in relevant part, as follows: (1) The Claimant agrees to be
bound by the terms of the Settlement Agreement; (2) the
Claimant acknowledges that the Claimant will not be eligible
for an award and the Claimant's case (if one is filed)
will be dismissed with prejudice if the Claimant does not
submit a timely and complete Claim Package; (3) the Claimant
makes certain acknowledgements with regard to the authority
of the Special Master; and (4) the Claimant acknowledges the
election to opt in to the settlement is irrevocable.
Claim Package requirements, including applicable deadlines,
are set forth in Section 5.02(A) of the Settlement Agreement
(Exhibit A to CMO 76). Pursuant to Section 5.02(a), Claimants
were required to submit a Claim Form, Claimant Authorization,
Release, Stipulation of Dismissal, W-9, Wiring Instructions,
and Prescription, Medical, and Event Records. Section 5.02(F)
of the Settlement Agreement entitles Defendants to make a
motion to dismiss Program Participants' cases with
prejudice who fail to timely submit their Claim Package.
outlined in Bayer's motion, each of the above captioned
plaintiffs: (1) enrolled in the ATE Resolution Program; (2)
failed to submit a complete Claim Package by the Claim
Package Deadline; (3) received a Notice of Incomplete Claim
from the Claims Administrator (per Section 5.02(H), informing
Claimant that her Claim Package was incomplete and
instructing the Claimant to cure the deficiency or seek
relief prior to the deadline indicated in the Notice); (4)
failed to cure the Claim Package deficiency; and (5) received
a notice from the Claims Administrator informing the Claimant
that she did not qualify for an award.
Bayer moves to dismiss the above captioned plaintiffs'
claims, with prejudice, pursuant to Section 5.02(F) of the
Court finds that the above captioned plaintiffs failed to
comply with the requirements of the Settlement Agreement.
Accordingly, pursuant to the terms thereof, the above
captioned plaintiffs' cases are subject to dismissal with
claims of the above captioned plaintiffs are DISMISSED WITH
PREJUDICE. As to each of the above captioned actions, this
order of dismissal closes the case. Further, the Court DIRECTS
the CLERK OF THE COURT to ENTER JUDGMENT in each of the above
 This order applies to only plaintiff
 This order applies to only plaintiff