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New NuvaRing Lawsuit Wants McKesson Held Liable for Serious Injuries
By Sarah Pierce
A new NuvaRing lawsuit filed in California is the first case to name McKesson Corporation as a Defendant, claiming the pharmaceutical distributor should be held liable for injuries NuvaRing users suffered as a result of using the contraceptive device.The Plaintiffs allege in the California NuvaRing lawsuit (Byra Marble, et al. v. Organan USA, Inc., et al.) that McKesson, Merck & Co., Oganon, and others should be held liable for manufacturing defects, negligence, fraud by concealment, wrongful death and other claims for failing to warn consumers about the serious risks of developing blood clots from taking NuvaRing. This is the first NuvaRing lawsuit to include McKesson, a pharmaceutical distributor that distributes one-third of the medicines Americans use every day to more than 40,000 pharmacies nationwide. Merck and the other NuvaRing lawsuit Defendants tried to have McKesson removed from the case, arguing that under California law, drug distributors have no duty to warn consumers about drug risks. The Defendants then moved to have the NuvaRing lawsuit moved to MDL court, where Merck is currently defending nearly 1,000 NuvaRing lawsuits in multidistrict litigation in the Eastern District of Missouri. U.S. District Judge William Alsup, however, disagreed with the Defendants, saying the Plaintiffs provided enough proof to meet the burden put forth by California law. The Plaintiffs allege that McKesson distributed NuvaRing to the public, that the device was defective and unsafe, and that McKesson knew or should have known about the NuvaRing risks, but failed to warn consumers.
This decision opens up new options for NuvaRing lawyers, who can now file NuvaRing lawsuits in federal court (which get transferred to the NuvaRing lawsuit MDL in St. Louis), New Jersey state court and California state court. The NuvaRing lawsuit MDL is often a good choice for women hoping to bring a NuvaRing lawsuit because it allows thousands of NuvaRing blood clot victims to file lawsuits under the jurisdiction of one judge, but allows them to retain their own attorney and receive an individual award if the case is won or settled. The award they would receive in a NuvaRing lawsuit MDL is typically much larger than any individual award expected in a NuvaRing class action lawsuit. For example, in a NuvaRing class action lawsuit, hundreds of thousands of NuvaRing users are joined together. Once or if a NuvaRing class action settlement is reached, class members would typically share the award and the award may be in the thousands of dollars range per claimant, rather than tens of thousands, hundreds of thousands, or even millions of dollars in some cases for individual NuvaRing blood clot lawsuits. On the other hand, if the NuvaRing lawsuit MDL settles, everyone who joins the MDL would receive any financial award individually, unlike in a class action lawsuit. The NuvaRing lawsuit MDL lawyers will determine exactly what each Plaintiff will receive depending on the injury suffered. This may mean that those who file NuvaRing wrongful death lawsuits due to heart attack or stroke will receive more than those who successfully recovered from a NuvaRing heart attack or NuvaRing stroke. The NuvaRing law firms litigating the MDL will determine this as the case progresses.
Anyone who has used a NuvaRing contraceptive device needs to know the side effects so they can be caught and hopefully treated without resulting in death. Common NuvaRing side effects alleged in lawsuits include heart attack, pulmonary embolism, deep vein thrombosis (DVT), stroke, blood clots and gallbladder disease. If you or a loved one has experienced any of these NuvaRing side effects, it’s critical that you speak with a NuvaRing compensation consultant now to determine if you are a good fit to file a NuvaRing class action lawsuit or individual NuvaRing blood clot lawsuit. The medical expenses alone for any NuvaRing side effect could amount in the hundreds of thousands of dollars, and sadly some have died as a result of these side effects. Multiple NuvaRing wrongful death lawsuits have been filed by families who lost their loved one due to a NuvaRing heart attack, pulmonary embolism, stroke or other deadly NuvaRing side effect.
If you would like more information about filing a NuvaRing class action lawsuit or would like to file an individual NuvaRing lawsuit or join the NuvaRing lawsuit MDL, just go to the NuvaRing Birth Control Class Action Lawsuit Investigation page. You can submit your information, or your loved one’s, to NuvaRing attorneys who are actively investigating all claims regarding NuvaRing blood clots, heart attack, stroke and other complications from taking NuvaRing birth control. NuvaRing attorneys are waiting to talk to you now and the consultation is free. NuvaRing lawyers don’t get paid unless you win or settle.
Updated June 28th, 2012
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