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NuvaRing Lawsuit Dismissed For Violating Statute of Limitations
By Sarah Pierce
On August 1, 2012, an appeals court dismissed a NuvaRing lawsuit filed by a woman seeking compensation for NuvaRing blood clot injuries she suffered in November 2005, claiming the lawsuit violated the statute of limitations because it was not filed within two years of her release from the hospital where she was being treated for injuries that her doctor told her were primarily caused by NuvaRing. The ruling underscores how imperative it is that women who suffer NuvaRing injuries speak with a NuvaRing attorney as soon as possible if they wish to file a lawsuit against the drug manufacturer.
Plaintiff Stephanie Millian filed her NuvaRing lawsuit in November 2011 — six years after she was discharged from a hospital for blood clot injuries caused by the contraceptive device NuvaRing. According to her lawsuit, Millian’s treating physician told her in November 2005, when she was treated, that NuvaRing was the primary source of her blood clot. However, Millian waited too long to sue the drug’s manufacturer, Organon USA, Inc. Organon successfully argued for the dismissal of Millian’s NuvaRing lawsuit, which the company claimed was not filed within the statute of limitations.
The Appellate Division of New Jersey Superior Court said it agreed with a lower court’s decision to dismiss the NuvaRing lawsuit because Millian “knew, or by the exercise of reasonable diligence and intelligence should have discovered, more than two years before she filed her complaint, that she had a basis for an actionable claim against defendants.”
Millian was “aware of facts that should have alerted her to the possibilities that [NuvaRing’s manufacturer] may have caused or contributed to her injuries and that [NuvaRing’s manufacturer’s] conduct may have been lacking in due care,” the court continued.
The dismissal of Millian’s NuvaRing lawsuit shows how imperative it is that NuvaRing blood clot victims seek legal consultation immediately upon learning that their injuries were directly caused by using the contraceptive device. Millian is just one of nearly one thousand women who have filed NuvaRing lawsuits against Organon, Merck & Co. and others for failing to warn them about the serious risks of NuvaRing side effects, such as blood clots, deep vein thrombosis, pulmonary embolism, heart attack and stroke.
If you suffered one of these side effects after using NuvaRing, you should speak with a NuvaRing attorney right away. Even if you suffered these injuries years ago, an experienced NuvaRing lawyer can let you know if you still have a case to file a NuvaRing lawsuit or NuvaRing class action lawsuit. NuvaRing lawyers are actively investigating all claims of NuvaRing side effects such as blood clots, deep vein thrombosis, pulmonary embolism and more. Visit the NuvaRing Birth Control Class Action Lawsuit Settlement & Investigation page to submit your information for a free consultation. The NuvaRing lawyers working this investigation don’t get paid unless you do.
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Updated August 3rd, 2012
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