By TopClassActions  |  October 18, 2013

Category: Pharmaceuticals
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North Carolina Woman Claims She Suffered from Severe NuvaRing Complications

By Jessica Tyner

 


NuvaRing LawsuitRobin Barham, a North Carolina woman, thought she had found the perfect birth control option for her when she tried NuvaRing. The contraceptive device had fewer hormones than birth control pills, the device could be left in for three weeks without maintenance and it was overall easier to use than more traditional oral contraception options. However, she found out the hard way that sometimes NuvaRing complications can go horribly wrong. 

Barham filed her NuvaRing lawsuit against Organon on August 29, 2013, joining a growing number of women who have banded together to take legal action against the makers of NuvaRing. According to her NuvaRing lawsuit, Organon “markets NuvaRing as the first and only, once-a-month vaginal birth control ring, and further markets NuvaRing as providing the same efficacy as birth control pills or the patch in preventing pregnancy, but with more convenience because it offers ‘month-long protection against pregnancy, so women who use NuvaRing don’t have to think about contraception every day.’” However, Barham claims that the company “failed to properly disclose the known safety hazards associated with NuvaRing.”

Instead of using new warning labels and language with NuvaRing, the company simply used the same wording as was used with birth control pills. “The safety information provided to the consumer was not derived primarily from studies of the NuvaRing, and therefore the package insert accompanying NuvaRing is misleading,” Barham says. She says that Organon “failed to warn of the extent of the risk of venous thromboembolism, including deep vein thrombosis (DVT) and pulmonary embolism (PE), and death associated with the use of the novel combined contraceptive vaginal route of administration.” Furthermore, the progestin released by NuvaRing “was not the subject of sufficient and adequate testing, and (Organon) knew or should have known that information conveying potential adverse events involving DVT, PE and death should be put forth in the package insert.” Because that information wasn’t relayed, Barham alleges, doctors and consumers couldn’t make informed decisions about NuvaRing.

Barham claims that Organon “negligently and/or recklessly marketed the NuvaRing as a novel vaginal delivery system, and placed the product into the stream of commerce without conducting adequate tests to regulate the exposure and/or release rates of estrogen and progestin to a user.” Barham and other NuvaRing victims like her weren’t given the choice to decide if the benefits were worth the risk. Instead, she was told by her doctor and via the packaging of NuvaRing that the device was relatively safe. 

DVT is sometimes easy to miss, which can be a deadly mistake. She began using NuvaRing in May 2010, and was diagnosed with cerebral venous thrombosis in September 2010. It only took a few months for Barham to become yet another NuvaRing sufferer. She “suffered injuries and continues with regular follow up care, including but not limited to examinations, appointments and medications.” All of this care is time consuming and expensive, and not what Barham had signed up for when she tried NuvaRing. She says that Organon knew or should have known that “use of their products created a higher risk of venous thromboembolisms than oral contraceptives.” 

If It Sounds Too Good…

Barham says that if she or her doctors had known the real NuvaRing risks, she never would have been prescribed it or used the contraceptive device. She says she suffered “intense and excruciating pain” that was completely avoidable. She had to be hospitalized, which led to economic suffering as well. She’s suing Organon for inadequate design, inadequate warning, defective manufacturing, defective design, breach of warranty, failure to adequately test, negligence, negligent misrepresentation, unfair and deceptive trade practices, punitive damages and successor liability. She’s requesting all damages as well as cost of action.

The case is Robin Barham v. Organon USA et al., Case No. 1:13-cv-00717-JAB-JLW, in the U.S. District Court for the Middle District of North Carolina.

Hurt by NuvaRing?

Are you one of the many woman who were tempted by NuvaRing and suffered the consequences? If so, you may qualify for a NuvaRing legal claim. Learn more at the NuvaRing Birth Control Class Action Lawsuit Settlement & Investigation right now. Submit your information, and a lawyer will be in touch if you have a case for a free NuvaRing claim review.

 

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Updated June 28th, 2013

 

All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.

 

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