Turning Down a Yaz Settlement Offer?

Approximately $215,000.00. That is the average dollar amount the Yaz Blood Clot, DVT, and/or PE lawsuits are settling for. What does this really mean for the Plaintiff? What will they actually “take home” for their pain and suffering, injuries, constant worry, missed work, depression, testing, long-term care, and a life of additional doctor’s visits? By my math a plaintiff being offered a settlement of $250,000.00 will receive approximately $90,000.00 less any additional lawyer’s fees or any taxes, so for argument’s sake, let’s say the plaintiff actually takes home $70,000.00 – a total dollar amount that is more than most of us would ever see at one time and when someone offers you more money than you make in a year, do you refuse?

I’m a few weeks away from getting my first settlement offer. My case will be lumped in with a group of other like-plaintiffs and we will be offered a single settlement amount that my lawyers (with the help of a consultant) will divvy up between me and the other in my group. Not sure I’m thrilled with this process, but I understand why they do it – they want to settle the largest amount of cases as quickly as possible.ย Both Bayer and the lawyers are smart; they chose a dollar amount that is just tempting enough and are offering relatively quick payouts(quick for judicial standards). These settlements will NOT bankrupt Bayer – they will barely put a dent in their earnings. Bayer wants to buy us out for the least amount of money possible and move on and that’s exactly what they’re doing.

Now what happens if I think the settlement amount I’m offered is unacceptable? Will I actually be given the chance to negotiate? At the risk of sounding greedy $70K net does not make me feel as though justice was served. It makes me feel dismissed. Will $70K cover what I’ve already paid in medical bills? Yes. But, there is a huge list of “what ifs” that need to be considered. What if I lose my health insurance and have another episode? What if next time it’s a stroke and am left paralyzed? $70k won’t even cover a week’s stay in the hospital.

So, will I refuse the settlement offer if it’s not more than $250K? I guess we’ll have to see. Our medical and credit card bills are killing us. Can we hold out for a 2nd settlement offer if the 1st one stinks? I’m not so sure, but I’d like to think we have nothing but time to wait until Bayer comes back with an improved offer (assuming I get one to begin with). Since these cases will NEVER go to trial our only hope for sticking it to Bayer is holding out for as much money as possible and making sure everyone else from here on out holds out for as much as possible too. Easier said than done, I know (and Bayer knows it too).

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137 comments

  1. Anonymous · · Reply

    I understand your frustration. But I would take that 70,000 and invest it. In ten years it will be worth just as much or more than if you waited 10 years for your bigger offer. Just a thought.

  2. I finally got an e-mail from my attorney’s office on Friday. They finished auditing insurance claims and waiting for an approval from insurance company. They adjusted my claim to zero dollars because i lived in Arizona at the time my injury. But insurance company can still fight if they have a right based on federal law. If that is the case, insurance company has 90 days to provide documentation and that means more delays in my case.

  3. ashley teas · · Reply

    I got my settlement check a few days ago. My law firm has been telling us we would see a check before the end of October since March of this year. The settlement money was definitely welcome, but for the injury I would have expected more. The settlement amount was xxx,xxx and lawyers fees were 35%. Plus 15% for medical liens, and a few thousand in misc fees. I get xx,xxx. I had two DVTS a year apart, with two surgeries to remove them a year apart. Fair? Not quite. But will I take the check? Yes. Most people who challenge Bayer about their settlement amounts actually end up getting less.

  4. It’s good to hear that someone has gotten a check ๐Ÿ™‚ I wish it was more for all of our sakes too but I fear that you are right. I think if we try to fight them we risk losing everything and not many of us are in a position to do that! I keep hoping and praying to see a check soon so we will see. Did the check come from Garretson or from your attorney? Thanks for the post!!!

    1. The check came from garretson in Loveland OH.

  5. Thank you ๐Ÿ™‚

  6. First, my attorney turned down 1st offer. I turned down the second offer because I felt like it was completely belittling to me and what I had gone through. I also knew that if I didn’t get paid…neither did any if the voltures flying around my settlement. Guess what? My third and final was SIGNIFICANTLY higher. Will it make a difference in my life…yes. Is it enough to call it justice? No. But at least I can hold my head high and know I have fought a good fight through this whole ordeal. Good luck, my friend. Trust your gut feeling and don’t be afraid to walk away. Who knows, maybe those people who wait to pursue a lawsuit outside of this circus act may get much more than those of us who truly did settle for the meager bones thrown at us.

    1. Interesting. Good for you for going with your gut and sticking it out. I know many of us didn’t have the luxury of taking that risk, but I’m glad you stuck with it. Every extra penny Bayer pays out is a good thing. Curious if you settled in a group or solo? I know those whose lawyers didn’t group them had much more negotiating power. Those of us who settled in a group were basically given a “take it or leave it” scenario. Hope you receive your settlement funds soon.

      1. So, yes, I did get my first payment – HOORAY!!! And, yes, my second payment should be here this month – HOORAY again!!! But – this makes me sooooooo frustrated because my attorney told me that they fought very hard for us and that they didn’t think we could better get a better offer. Also, as Mrs. T mentioned – there were 10 of us in the group and if one person said no then it would hold us all up – and they made that VERY CLEAR – almost trying to scare us into settling!!! They made it seem like trying to get more wasn’t really an option so this really frustrates me. Yes, I got some money, but it isn’t life changing money – I can pay off debt and have some savings but I can’t go buy a house or retire or anything. Even if we could have fought and got another 100 K or so it might have been worth it. GGGGRRRRRRRR!!!! I don’t mean to sound ungrateful – because things were pretty much dire when my money came and I really needed it but just to know that this is possible and that the people who are supposed to be on our side (and who we are giving almost half of our money to) didn’t really care enough to fight for us harder!!!

      2. @T – Yeah, I was essentially told the same thing. It was made very clear that if I rejected the offer that I’d be on my own and anyone who took that route wasn’t getting a.) dealt with in a timely manner b.) was getting far less than the original group offer. At this point, I’m so over the whole mess, I was ready for it to be done. I’m at peace with my decision though. . .No point in regretting anything (other than having taken YAZ in the first place), can’t change the past. BTW – WOOOHOOOO! I’m so glad you’ve recieved your first check! Won’t it be amazing to pay off debt? I’m so excited to do the same.

      3. Has anyone received Final payment? Now I’m being told to call at the end of this month. Why can’t they call me? I feel so jerked around.

      4. My attorney just stated Bayer is running out of funds. And a judge capped the amount of our settlements no matter what we went or will continue to go through!

      5. Running out of funds??? Bayer will NEVER run out of funds! They made BILLIONS off this single drug. I’d be questioning this statement by your lawyers.

  7. You are right Mrs. T – I am over it too! I am at peace because it is almost over now and it is time to move on. I am Blessed and I need to focus on that.

    @Elle – My attorneys have gotten the final okay from the defense to release the 2nd payment and they are processing it at this time. I don’t know what the heck they do but it takes a good month. I figure that I should get the final payment at the end of this month and then I will be done. I will let you know when I get the check in the mail though because I know we are all waiting for the hope of getting any payment – and especially the final payment.

    1. Oh that tickles me so. Fingers crossed, toes crossed and prayers going out that this will soon be behind all of us. ๐Ÿ™‚

    2. Kathryn · · Reply

      When you ladies say “final payment” are you referring to the payment after the medical liens? This is all I’m waiting on at this point and even though I don’t have an immediate need for it, I just want it so I can finally put this to rest. I’m over the whole ordeal and my only regret is that these lawsuits haven’t phased Bayer one bit! Yaz is still out there being sold, regardless of the thousands of women whose lives have been jeopardized by this drug. It’s a disappointment (pardon my understatement of the year!)

      1. Yes. I got my first payment (the 70%) and now am waiting for the final 30% (that they are paying the liens out of if you have any) and then I won’t have to deal with the stress of this part of things anymore ๐Ÿ™‚ I still have to take medication for the rest of my life and deal with all of that but I never imagined how stressful this part of it would be and so it will be nice when it’s finished. I pray that all of you get your payments soon!!!

      2. For me it was more like 40% and waiting on 60% after liens. I was told months ago there were no liens. Have no idea why they haven’t made final payment. It’s been nearly a year and a half since first payment. Very frustrating. And attorney has only called me before trial began and has only emailed me once months ago. I have been dealing with this since 2009. And when I do call, they act all annoyed and make me feel like I’m being impatient. I ready for this to be done with. I wish the attorneys would have been as nice now as they were in the beginning.

    3. @T – did you ever get that second and final payment?

      1. Elle – I guess I posted under a different topic so here is what I posted on May 24th so that the people in this post can see it ๐Ÿ™‚

        Hello everyone ๐Ÿ™‚ I wanted to update you all and let you know that I got my final check!!! My attorneys sent it out on May 14th and I got it on the 16th. I had to wait for funds until Wed of this past week because they send a check and the banks put a hold on them ugh! Anyway, the funny thing is that this was supposed to be the final 30% but it was almost $7500 more than my first check. I guess because of all the MDL and attorneyโ€™s fees that they took from the first one! Anyway, it has been a long journey and I hope this encourages you all to hang in there and remember that there is light at the end of the tunnel!!! God Bless you all and I will keep checking in on everyone!!!

      2. That is the best news. So happy for you and hopefully that means good news to the rest of us too. Thank you!

      3. My attorneys hounded me csuse I was holding out now since I signed and they stated they were only waiting on me no word from them I had no liens I signef a paper stating that but the attorneys aren’t sure if defence attorney will let me recieve one check makes no sense to me. They did there checking what gives?

  8. Elle – I cannot even believe that it has been that long since you’ve gotten your first payment. (I’m not trying to rub it in) but I just got an email from my attorney today saying that they are sending my final check out today in the mail and that I should get it next week. I even had a lien that needed to be paid! You mentioned that they called you before trial began – I wonder if some people were in a different situation than others. I never knew if we even went to trial or if I was just in a group that Bayer was settling with. Does anyone know if we were all part of a “trial” or if some of us just got thrown into a settlement hearing type of situation? Hang in there! I am proof that there is light at the end of this tunnel! I started my case in 2010 so it has been a long road!!! Also – Elle – mine seems to be almost closer to 50/50 as far as the payment goes. Maybe not exact but I think I might be getting just a few more thousand if not close to the same amount on my final check. I will let you know the difference when it gets here.

    1. @T – Regarding the Trial: No trial has taken place in association with the YAZ MDL. There was a Discovery Period and there were Bellweather Trials schedule (but never took place). Judge Herndon postponed the Bellweathers indefinitely. This case or any portion of it will most likely NEVER go to trial (at least in my opinion).

      1. I have only this forum for guidance and without it I would be completely in the dark. I fell ill in 2006, filed with attorneys in 2009, received my first check Jan 2013 and I know that I cleared all liens with Garretson. I have no idea why they withheld the largest portion. I’m frustrated to say the least. I have had plans to move out of state for years to make a new life and start over and I have finally decided to go without the money. I’m tired of waiting and holding out hope for it. I’m moving on. I have to get my life back. The money would be nice, but it isn’t everything. They can look me up after I’m gone.

  9. Jennifer C · · Reply

    @Elle-Call Garrettson right now! They have a call center taking calls so they have more coverage also go to their website and fill out the contact us form on there. I filled it out and received a response that same day! Garrettson is now realizing they have to handle their communications better. I am so sorry this is taking so long for you! I wish there was something more I could do but call them hunny!

    1. Thank you so much Jennifer C. I called them today and they confirmed that my claim is still pending awaiting necessary lien paperwork. It was helpful knowing this information came directly from them. I feel it is close to being resolved. For anyone reading this wanting to know a time frame – I rec’d my initial check Jan 2013. The lien resolution has been going on almost 1 1/2 years now. I know for a fact that all bills were paid and I should not have any problems with liens, so I am baffled as to what is taking so long. My final check will be the larger of the two. They withheld almost 60% of my settlement. Knowing that some people are getting their final checks is very hopeful.

      1. Kathryn · ·

        I finally heard back from Garretson after sending several inquiries and phone calls (I don’t know why I’ve had such a struggle with communication) and apparently my liens are still “pending information” from my insurance – nice and vague. I received my settlement offer/accepted at the beginning of May 2013, signed my PLRP agreement in July 2013, initial payment in Sept 2013, and still awaiting the final payment today. It’s not like I need the money now – I chose to pay off my student loans with a portion of my settlement since I had just graduated last May, which was extremely liberating as I thought I would be paying those back for years. I’m ready to move on from this chapter in my life for good – I’m over it. I just want to finish all this Yaz nonsense and resume normal 20-something behavior. It just feels like a constant shadow looming over us all. Can’t we just be done? Sorry for the dramatic sentiment…sometimes I just can’t help myself!

      2. We here ya sista! We are all in the same boat. I’m ready to get on dry land myself LOL

  10. Anonymous · · Reply

    So happy to see that some people are receiving their checks. I started the process 2 years ago. No $ yet. Spoke with my lawyer today and they said I should get $ in the next 3-4 months.

  11. Anonymous2 · · Reply

    My initial contact with my attorney was August, 2012. I had a gross settlement of $XXXk. After attorney fees (40%), MDL fees (6), file/litigation fees, and lien costs (to pay back the insurance company) my net amount will be about $XXk. My attorney states that the check was mailed from the distribution facility today. I did not receive an initial distribution as some women have. Mine is coming in one check that I should receive within days. I am in disbelief that this is coming to an end. Be patient. It is real, just as our pain and suffering was.

  12. Anonymous2 · · Reply

    Just to follow-up from my July 2 post, I did in fact receive my one and only check just 9 days after I signed the Final Accounting and Distribution of Funds form. My check was for 54% of the gross settlement. Unlike some women, I did not get an initial check. Apparently my attorney’s office just does it this way. Also, my check came in regular mail from another attorney’s office, one that my attorney contracted with. Hope this helps.

    1. Do you know anything about the statute of limitations my attorney says my settlement amount is low because of that. Im getting screwed. And how iron clad is the release form I dont like that I can sign that and did the next day from what’s determined to be a blood clot and my son will have no recourse on my behalf.

  13. Statute of limitations?!?
    That sounds fishy to me. My Yaz-related injury was back in 2003. It’s the “oldest” one I’ve heard of yet and it’s also an amount that is well-above the averages that were given in the survey.
    Do you mean the amount of time that had passed from when you stopped taking the birth control until you got a clot?

    1. They didnt take into account any new injuries due to the statute is what he meant. My original Dvt was I 2005 they have my records I was on birth control for months before and up to incident. In 2012 I had a pulmonary embolism and last Dec I was hospitalized for severe bleeding from Coumadin now im on lovenox. Im upset no one went after any help for future treatment my injection are 1100 every seven days. I finally gave up my fight they startef threatening to drop me and timed running out on these settlements. There taking almost half of what I won but its better than nothing he kept insisting I won the biggest amount in my settlement group keep in mind the new attorney I hired to help me navigate this could not get any evidence of anything the Yazz attorneys claimed.

  14. I suffered from a DVT and multiple PE’s in Nov 2011, I didn’t submit a claim until Dec 2012, I just found out friday that they awarded my group of 32 women 6.4 million. They said I receive my settlement offer Mon/Tues. Things seem to be moving along a lot faster for our group from what I’ve read above. I hope it stays this way!

  15. I received the final paperwork from my attorney last week, but I am concerned……the initial settlement offer indicated $xxx,xxx but the final release papers only indicate $1,000. The attorney included a letter with the paperwork indicating that the $1,000 was standard on every release and re-iterated that my offer was $xxx,xxx. Something about this doesn’t sound right to me, did everyone else’s final release paperwork say $1,000?

    1. Yes, my paperwork also said $1000. I questioned my attorney and was assured it was standard paperwork. I received 53 times that when I got my check.

  16. I am really frustrated. This whole mess took 60 days to put me in the hospital and on medication for life. Trials were to begin May 2015, and nothing. Still working on it. I guess I’m lucky a blood clot through my heart caused me to be waiting almost nearly 6 years for an answer for anything. so fed up

    1. Hi everyone,
      I’m in the same boat. I got sick in 2005, filed in 2009 and am just getting a phone call saying I might be getting some compensation. It’s a slow process and Bayer knows that we will get tired so they don’t mind. I may never be able to have kids. That’s my reality. Also, why is no one saying how much their settlement was for?

  17. @ Amy, I completely understand being fed up with all this! My first stroke was in 2005, second stroke in 2011, internal bleed from life-long Coumadin in 2008 and all the other clot related crisis, yet here I am still waiting for an offer or some good news 4 years after my initial contact with my lawyers & filing. All this has taught me patience and perspective whether I like it or not BUT there is a point where tired is no longer just a word.

  18. Pauli P- I have a case against Yaz, and it was filed 9/2012.. I had mini strokes, DVT, pulmonary emboli and 3 heart valves damaged badly.. I lost a portion of the left upper lobe of my lung..It no longer functions because of the clots.. I went from an athlete, in good shape to panting for most of my breaths.. I have no idea what the case will, pay if at all. I had to take a loan out to pay bills, but, the fact I was in the hospital most of 2005 because of it.. Does anyone have a simliar story?
    I have nothing..They said the case would go court in May, 2015-then June, 2015..I am concerned because the loan is costly and I need to resolve it.. Did anyone get a settlement that would compare to my issues.? I would appreciate any imformation..
    thxs.

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