TYLER - A Texas woman claims she developed deep vein thrombosis after two years of using the NuvaRing contraceptive and has filed a lawsuit against the drug’s manufacturers for failing to warn of the associated risk.
Amber Stanley filed suit against Organon USA Inc., Organon International Inc., Merck & Co. Inc., Schering Corp., N.V. Organon, and Merck Sharp & Dohme on March 25 in Eastern District of Texas, Tyler Division.
The defendants market NuvaRing as the first and only, one-a-month vaginal birth control ring, and 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. The defendants are accused of failing to properly disclosure the known safety hazards associated with the drug.
Stanley began using the NuvaRing contraceptive in April of 2009 and while on the drug in May of 2011, she was diagnosed with deep venous thrombosis. She was immediately placed on anticoagulation therapy. She states that the defendants knew or should have known that use of their products created a higher risk of venous thromboembolism than oral contraceptives.
The defendants are accused of strict products liability, defective manufacturing, defective design, defective due to inadequate warning, due to nonconformance with representations, and due to failure to adequately test, breach of express warranty, breach of implied warranty, negligence, and intentional or negligent misrepresentation.
The plaintiff is seeking an award of $75,000 in damages for economic loss, non-economic loss, pain and suffering, medical expenses, attorney’s fees, and court costs.
Stanley is represented by the Hollis Law Firm P.A. in Prairie Village, Kans. A jury trial is requested.
U.S. District Judge Leonard E. Davis is assigned to the case. The lawsuit is a potential tag-along action and should be transferred to the U.S. District Court for the Eastern District of Missouri for inclusion in In re Nuva Ring Products Liability Litigation, MDL 1964.
Case No. 6:13-cv-00271