Top Class Actions  |  February 10, 2014

Category: Consumer News

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Merck LogoPharmaceutical giant Merck & Co. announced Friday that it has agreed to pay $100 million to resolve all product liability lawsuits concerning the company’s NuvaRing birth control product, which has been linked to dangerous blood clots that have led to heart attacks and death in some women. The settlement may be a sign that Merck is looking to resolve long-running litigation concerning its products, and may hold promise for victims of other Merck drug side effects, including those alleging they developed pancreatic cancer from Januvia and Janumet.

Judge Rodney W. Sippel signed off on the NuvaRing settlement on Feb. 7, and ordered interested plaintiffs to submit medical documentation and other information concerning their injuries from NuvaRing, including blood clots, pulmonary emoblism, deep vein thrombosis and more. According to multiple news outlets, Merck has set aside $100 million for resolving roughly 3,800 NuvaRing lawsuits filed in federal and state courts.

The average payout could range to more than $250,000 per woman, about 10 percent higher than fellow drug maker Bayer Pharmaceutical offered in its oral contraceptive cases involving blood clots from Yaz and Yasmin. What is more important, however, is what it may mean for people who took the Merck-produced type-2 diabetes drugs Januvia and Janumet, which have been linked to pancreatic cancer in some patients.

Could a Januvia Settlement Be Next?

Men and women who have used Januvia or Janumet allege that they have developed pancreatic cancer from the diabetes treatment drugs. Medical research indicates that at least one cause of Januvia pancreatic cancer may be the increase in pancreatic tissue to help deal with insulin sensitivity.

Merck has seen several financial hits recently. In addition to the NuvaRing settlement fund, the company is also facing litigation regarding the hair loss drug Propecia, with hundreds of plaintiffs alleging the drug caused sexual problems like impotence and erectile dysfunction. Fiscal considerations also led Merck to remove its headquarters from a costly area in rural New Jersey. Protracted legal concerns may incur even more costs.

The Merck NuvaRing settlement could point to the company’s desire to avoid bellwether trials in litigation concerning Pradaxa side effects and Propecia side effects, and settle instead. In recent cases involving medical devices and drugs, juries have found in favor of victims for awards of millions of dollars.

The consolidated federal cases for the NuvaRing lawsuit are In Re: NuvaRing Products Liability Litigation, MDL No. 1964, U.S. District Court, Eastern District of Missouri. Additional NuvaRing lawsuits have been centralized in New Jersey state court.

In general, Januvia pancreatic cancer lawsuits are filed individually by each plaintiff and are not class actions.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.