SHERMAN-An East Texas woman claims she is suffering from deep vein thrombosis after taking the contraceptive Nuvaring.
Amanda Rogers filed suit against Nuvaring's manufacturers, Organon USA Inc., Organon International Inc., Schering-Plough Corp. and Merck & Co. Inc. on Sept. 14 in the Sherman Division of the Eastern District of Texas.
According to the complaint, Nuvaring is marketed as providing the same efficacy as birth control pills but more convenient by offering month-long protection. Rogers states she relied upon misrepresentations that the product was safe and has now sustained injuries.
The complaints state that the manufacturers failed to warn of the greater risk of venous thromboembolism, including deep vein thrombosis and pulmonary embolism.
"Defendants intentionally concealed and/or recklessly and/or grossly negligently failed to disclose to the public, including the Plaintiffs herein, the potentially life threatening side effects of the product in order to ensure continued and increased sales," the lawsuit states.
Causes of action filed against the defendants include strict products liability including defective manufacturing, defective design, defective due to inadequate warning, breach of express and implied warranties, strict products liability defect due to nonconformance with representations and defect due to failure to adequately test, negligence, negligent misrepresentation and fraud, and violations of the Texas Deceptive Trade Practices Act.
Rogers is seeking damages for medical monitoring, pain and suffering, medical expenses, lost wages and earnings, pecuniary loss, punitive damages, interest, attorney's fees and court costs.
The plaintiff is represented by Dallas attorney Eric N. Roberson.
Jury trial requested.
U.S. District Judge Michael H. Schneider is assigned to the case.
Case No. 4:10-cv-00468