Bayer agrees to $9M settlement in class action over birth control side effects

By Karunjit Singh ·

Law360 Canada (August 27, 2025, 2:25 PM EDT) -- Pharmaceutical giant Bayer has agreed to pay $9.05 million to settle a class actions concerning allegations that two of its oral contraceptive products cause blood clots and gallbladder disease.

The class action alleged that the defendants, Bayer Inc. and certain other Bayer companies, were aware that their oral contraceptives Yasmin and Yaz were associated with increased risk of suffering blood clots and gallbladder disease, and that they failed to adequately disclose the risk.

The settlement is not an admission as to the truth of the allegations, and Bayer denies any wrongdoing according to a joint release issued by class counsel McKenzie Lake Lawyers LLP, Merchant Law Group and Siskinds Desmeules on Aug. 27.

The Canada-wide settlement, if approved, will apply to all residents of Canada who were prescribed and took the relevant products during certain class periods and were later diagnosed with arterial thromboembolism (ATE), venous thromboembolism (VTE) and/or gallbladder disease. It will also apply to family members who have derivative claims under Canadian family law legislation.

The class period for Yasmin includes those who were prescribed and took the medication between Dec. 10, 2004, and Nov. 30, 2011, for residents of Ontario and Quebec, and until Oct. 4, 2016, for residents elsewhere in Canada.

In the case of Yaz, the class period runs from Jan. 6, 2009, to Nov. 30, 2011, for Ontario and Quebec residents and until Oct. 4, 2016, for other Canadian residents.

The settlement provides maximum compensation amounts of $9,000 for class members diagnosed with VTE, $4,500 for those diagnosed with ATE and $500 for those who suffered gallbladder disease.

For fatalities linked to the settlement conditions, the maximum compensation is $13,500 for VTE-related deaths and $11,250 for deaths associated with ATE.

Additionally, the settlement includes payments to provincial health insurers, with Quebec set to receive over half of the allocated funds, and Ontario expected to receive just over 20 per cent of the total amount reserved for these insurers.

The amounts available to settlement class members and provincial health insurers will be finalized after the deduction of class counsel fees, disbursements and administration costs.

Any class member who wishes to object to the settlement must submit a written objection by Oct. 14, 2025.

“Hearings to approve the Settlement have been scheduled before the Ontario Superior Court of Justice on November 14, 2025, the Superior Court of Québec on November 14, 2025, and the Court of King’s Bench for Saskatchewan on November 21, 2025,” the release noted.

If you have any information, story ideas, or news tips for Law360 Canada on business-related law and litigation, including class actions, please contact Karunjit Singh at karunjit.singh@lexisnexis.ca or 905-415-5859.