NuvaRing Attorneys Report That Patients May Be Injured
NuvaRing Lawsuit: Federal Trial Set To Begin in October 2013
The first federal trial of NuvaRing lawsuits is set to start on October 21, 2013. More than 1,100 NuvaRing birth control lawsuits have been centralized in the court of Judge Rodney W. Sipple of Missouri eastern district following the federal MDL panel decision. While a majority of lawsuits have been filed by women who experienced blood clot-related injuries, including deep vein thrombosis, pulmonary embolism, and stroke, a number of lawsuits seek claims under the Wrongful Death and Survival acts.
The federal trial was expected to start July onward, three months after a New Jersey jury accepted the first NuvaRing lawsuit filed in the state. However, Judge Sipple, in his order in March 2013, delayed the bellwether trials until October without mentioning any reason for the same. The decision came after the court rejected an appeal by manufacturer Merck to exclude expert witness testimony during the trial.
The bellwether trials are keenly expected by both litigants and lawyers as they will set the road map for product liability claims and jury response. These trials are also anticipated in the light of evidence and testimony to be presented, thus setting the tone of NuvaRing lawsuit settlements in the future. Bayer, the manufacturer of Yaz and Yasmin birth control pills that contain third-generation progestin similar to NuvaRing, has already paid $210,000 average compensation to settle hundreds of litigations.
New Jersey Trial of NuvaRing Lawsuits
The first NuvaRing lawsuit went into trial before a New Jersey jury in April 2013 and the court dismissed claims through a summary judgment. Seven of 200 NuvaRing lawsuits filed in the state court system were selected for the bellwether trial. Bergen County Judge Brian R. Martinotti ruled that there were no sufficient evidence linking blood clot-related injuries in plaintiffs with the contraceptive side effects. Erika Medina, one of the seven plaintiffs, was one of the first litigants to seek product liability against Merck for her blood clot-related injuries.
However, the New Jersey jury decision in favor of Merck is not expected to impact the federal trials. The state has stringent requirements to establish product liability. Again the judgment inspires lawyers to collect and present more admissible evidence.
Surge in NuvaRing Lawsuits
Meanwhile, the number of NuvaRing lawsuits is going up as an increasing number of users who have had blood clot-related injuries are approaching personal injury lawyers. Five lawsuits have been filed in an Illinois court last month, alleging failure of Merck to inform users of potential blood clot-related injuries linked to NuvaRing side effects caused them serious losses. One of the litigants claimed that his wife died due to pulmonary embolism, while others assert that they suffered from life-threatening complications following NuvaRing-induced thromboembolic events.
According to plaintiffs, Merck did not test the product adequately as both its ingredients and design put users at risk. While third-generation progestin is 6.5 times more powerful to cause blood clots, the contraceptive releasing the synthetic hormone directly to the blood aggravates the risk.
In 2002, two studies by European and U.S. scholars warned of high NuvaRing rejection rate because of the contraceptive side effects. A Dutch study reported in 2006 supported similar claims. An FDA-sponsored study released in 2011 put the risk of blood clot-related injuries 56 percent higher compared to first and second generation progestin contraceptives.
Side Effects
Some women who have had NuvaRing implanted experienced serious and even debilitating or life-threatening side-effects. Serious side effects that have been linked to NuvaRing include:
- Blood clots
- Cerebral thrombosis
- Deep vein thrombosis (DVT)
- Heart attack or myocardial infarction (MI)
- Pulmonary embolism
- Retinal thrombosis
- Stroke or cerebral hemorrhage
- Thrombophlebitis and venous thrombosis with or without embolism
- Toxic shock syndrome (TSS)
If you experienced adverse NuvaRing side effects or have a loved one who suffered injury following the implantation of NuvaRing, you may have a potential NuvaRing lawsuit.
More Information
Approved by the Food and Drug Administration (FDA) in 2001, NuvaRing is a non-biodegradable, latex-free, flexible vaginal ring containing a combination of the hormones estrogen (ethinyl estradiol) and progestin (etonogestrel). Etonogestrel is the active metabolite of desogestrel, a synthetic form of the naturally occurring female sex hormone progesterone. The NuvaRing contraceptive ring is designed to prevent pregnancy by releasing a steady dose of the hormone combination into the bloodstream through the vaginal walls over the course of 21 days. The hormones prevent ovulation, change the cervical mucus to prevent sperm penetration, and thin the lining of the uterus to, theoretically, prevent sperm implantation.
In October 2003, The New England Journal of Medicine addressed research suggesting that, when taken orally, desogestrel can significantly increase the risk of blood clots. If left untreated, such blood clots can develop into more serious conditions that may include stroke, heart attack, pulmonary embolism, or deep vein thrombosis. These findings, as well as those from other studies, were based upon analysis of the effect of oral contraceptives containing desogestrel.
A Swiss report was released in June 2010 which claimed there were approximately 40 deaths reported in the FDA database of adverse events associated with Nuvaring. The current label and package insert for NuvaRing refers only to studies conducted on women using combination oral contraceptives and suggests that adverse reactions associated with the use of combination hormonal oral contraceptives are likely to apply to combination vaginal contraceptives like NuvaRing. The label, however, states that there is no available epidemiologic data to determine whether the safety and efficacy of vaginal administration of combination hormonal contraceptives differs from oral administration. To date, there is no comprehensive study of NuvaRing and the long-term health effects of its vaginally delivered combination.
Our team of attorneys are now investigating claims and prepared to file NuvaRing lawsuits involving the vaginal ring contraceptive medication NuvaRing®. NuvaRing is manufactured by New Jersey-based Organon USA, Inc., a company that Schering-Plough Corporation acquired in 2007, and has been linked to serious events such as blood clots, pulmonary embolism, stroke and heart attack.Call us today at 1-800-632-1404 for a FREE CONSULTATION.
No Recovery, No Fee
We take NuvaRing litigation cases on a contingency basis. That means that there is no cost to you unless we and our co-counsel are able to recover a settlement or judgment on your behalf. So, unless your case is resolved by trial, arbitration, settlement, or other resolution, you do not have to pay any attorney fees to us, or pay any costs. Litigation costs include filing fees, court reporter fees for deposition, copying costs, experts, and travel. Litigation costs are paid by our firm so you don’t have to have cash to pursue justice against medical device corporations.
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