NuvaRing Attorneys Report That Patients May Be Injured
A federal judge overseeing the NuvaRing multi-district litigation in the Eastern District of Missouri is allowing plaintiff’s experts to testify on alleged “bursts” or “high variability” in the Organon contraceptive device’s estrogen delivery, finding that this testimony is relevant and appropriate for the jury. The decision comes from Judge Rodney W. Sippel of the United States District for the Eastern District of Missouri.
NuvaRing is manufactured by Organon and is a combined hormonal contraceptive that releases hormones over the course of treatment. CHC is contained in estrogen, typically ethanol and estradill and a progestin. The plaintiffs in the claims against NuvaRing filed in the MDL claim that the third generation progestin used in NuvaRing, etonogestrel has been linked to undisclosed higher risk for venous thromboembolism including deep vein thrombosis and pulmonary embolism.
It is worth mentioning at this point in time that if you or a loved one was implanted with the NuvaRing device and have experienced deep vein thrombosis or pulmonary embolism, please contact us immediately at 1-800-632-1404 today.
Plaintiffs in the cases filed in the MDL have alleged a number of claims against NuvaRing and Organon including strict products liability, defective manufacturing, defective design, failure to test and inadequate warnings, breach of express warranty, breach of implied warranty, and negligence.
The court has recently ruled that plaintiffs may present expert testimony at trial that NuvaRing presents an increased risk for DTE when compared with second generation CHC use. Plaintiff’s experts opine that this increased risk results from the reduced ability of etonogestrel to counter-balance the prothrombotic (blood clotting) effects of the estrogen component.
Not surprising, Organon through its counsel moved to exclude all testimony related to these “bursts” or “high variability” in NuvuRing’s estrogen delivery on the basis that none of the plaintiff’s experts were qualified to provide such an opinion. The court did not agree. “Rather than addressing the qualifications of any particular expert in depth, Organon offers a few testimonial statements stripped of all contexts,” the court observed. “Organon appears to be operating under the assumption that a meticulous and particularized review of the expert’s opinions is unnecessary for each expert’s opinions shares a critical flaw. Unfortunately, Organon has neglected to set forth the precise opinions that are now under attack. Instead, Organon asked that [the court] exclude all testimony touching estrogen “bursts” or “variability.” “Organon’s arguments are cursory at best and in many cases rely on the testimony of one expert to attribute a deficiency to the methods of the remaining experts.”
Based upon this decision, the plaintiffs will be allowed to present a number of opinions at trial that the NuvaRing device is defective, improperly tested and that there were improper warnings presented to patients across the United States. The court found support within the scientific literature to support the decision to allow plaintiff’s experts to proceed ahead at trial. The court found the opinions to be based on reliable methodology. The court noted that the testimony will be helpful for the jury.
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.
About us
Our team of attorneys have been retained by clients across the world as to allegedly defective and improperly designed medical devices and prescription drugs. In fact, our team of attorneys has represented patients around the globe for the allegedly defective Advanced Bionics HiRes90k cochlear implant device and other medical devices including the DePuy hip implant, the Mirena IUD and the transvaginal mesh and transvaginal sling devices including from C.R. Bard, AMS, Boston Scientific and Johnson & Johnson’s Ethicon.
As a NuvaRing attorney, we will investigate your claim and with our co-counsel we stand ready to push your case ahead.
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