By TopClassActions  |  November 6, 2013

Category: Pharmaceuticals

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Alaska Woman Sues Merck for NuvaRing Injuries

By Amanda Antell

 

NuvaRing LawsuitAlaska plaintiff Linda Moffit is suing Merck & Co. for the injuries she sustained from using their birth control product NuvaRing. Moffit alleges that she suffered pulmonary embolism as a direct consequence of using NuvaRing.

Moffit was first prescribed the NuvaRing on November 20, 2006 and used the product through December 20, 2006. On December 19, 2006, the day before she ended her use of the NuvaRing, was when Moffit suffered pulmonary embolism. The NuvaRing lawsuit says that medical testing indicated that the injury was caused as a direct result of NuvaRing, for which the plaintiff still continues to need follow-up care.

According to the NuvaRing lawsuit, at no point in time was the plaintiff or her physician was made aware of these potential NuvaRing side effects. There were no warnings or indications on the product label about the increased risk of pulmonary embolism, nor had Merck made any effort to notify her of this. Moffit is suing Merck because she states that the company knew or should have known that she could possibly suffer the consequences of NuvaRing side effects like blood clots and pulmonary embolism.

Additionally, Moffit states that the company had the responsibility to warn her of these possibilities, because she had been relying on the information given to her at the time of her prescription. She argues that she would have opted against using NuvaRing had she known about the possible side effects.

So for manufacturing, selling, distributing, and marketing a dangerous product, Moffit is suing Merck & Co. The charges include: negligence, concealing information, misrepresenting a product, and false advertising.

Overview of NuvaRing Complications

Approved for market by the FDA in 2001, NuvaRing is a contraceptive vaginal ring that is designed to prevent pregnancy. The NuvaRing works by releasing a hormone concoction of ethinyl estradiol and etonogestrel, directly into the bloodstream through the vaginal walls. The hormones prevent ovulation and sperm implantation, thus preventing pregnancy. The NuvaRing is one of the most popular contraceptives in the United States, with millions of prescribers, earning Merck millions every year.

However, in recent FDA injury reports and scientific studies, there has been some concern on the rise over the side effects being associated with the NuvaRing. In October 2003, a study published in The New England Journal of Medicine had observed the NuvaRing and other vaginal birth control products in patients. The study found that for the patients who suffered from NuvaRing complications included: stroke, heart attack, pulmonary embolism, and deep vein thrombosis.

Despite this and other scientific studies which show similar results, the current label on the NuvaRing has yet to include the appropriate language to describe these side effects. Specifically, the NuvaRing’s current warning label only suggests that adverse reactions occur when this products is used in conjunction with oral contraceptives. However, NuvaRing’s warning label states that there is available data to support whether or not the NuvaRing is no safer than an oral contraceptive.

To date, there is no mention of pulmonary embolism, stroke, or the other mentioned side effects on NuvaRing’s warning label. This has led to various litigation movements, including multidistrict litigation (MDL) movements, and individual class action lawsuits such as Moffit. Moffit is seeking medical compensation and other punitive damages from Merck & Co. at this time. This case is currently still pending.

This NuvaRing lawsuit is labeled Linda Moffit vs. Merck & Co., CASE 0:13-cv-02675-RHK-JJG, in the United States District Court of Minnesota.

File a NuvaRing Lawsuit Today

If you believe that you or a loved one have been the victim of a NuvaRing injury, you have legal options. Please visit the NuvaRing Birth Control Class Action Lawsuit Investigation page. There, you can submit your claim for a free legal review and if it qualifies for legal action, a seasoned NuvaRing lawyer will contact you for a free, no-obligation consultation. You will be guided through the litigation process at no out-of-pocket expenses or hidden fees. The NuvaRing attorneys working this investigation do not get paid until you do.

 

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