Now that 95% of eligible plaintiffs have opted in, the $100 million defective medical device settlement between NuvaRing manufacturer Merck & Co. and 3,800 claimants will stand.
A district court judge had approved the birth control injury settlement earlier this year. Merck, however, could have backed out of the agreement if not enough plaintiffs agreed to join.
The company maintains that “substantial” evidence proves that the contraceptive device is safe. It is settling the NuvaRing lawsuits without denying or agreeing to the claims.
NuvaRing is a vaginal ring that is inserted into the vagina. It emits hormones that are supposed to prevent pregnancy by stopping ovulation and preventing sperm from making contact with any eggs by making a woman’s cervical mucus thicker. NuvaRing is a third generation birth control and contains the hormone desogestrel.
The plaintiffs of the products liability cases are contending faulty testing and design, as well as failure to disclose potentially serious side effects. NuvaRing is linked to heart disease, blood clots, high blood pressure, breast cancer, and reproductive organ cancers. It can cause death.
Two of the leading serious side effects associated with the NuvaRing:
Pulmonary Embolism: The arteries in the lungs are blocked, usually by a blood clot that has traveled from other areas of the body. A pulmonary embolism can lead to heart failure, breathing problems, and sudden death.
Metrorrhagia: Uterine bleeding in between periods that can result in anemia. The latter can lead to other health issues.
The $100 million settlement offers compensation to women with three categories of blood clot-related injuries, including deep vein thrombosis, pulmonary embolisms, and resulting death.
Not all plaintiffs, however, agreed to be part of the $100 million settlement. The parents of Erika Langhart say they won’t opt into the deal because they want to get the U.S. Food and Drug Administration to enhance the labeling on the contraceptive device. Langhart, 24, died of a pulmonary embolism. Another victim, Megan Henry, was unable to fulfill her 2014 Olympic dreams because of blood clots she developed from using the NuvaRing device. She also refuses to settle.
Complaints submitted to the FDA show that nearly 3,000 women have gone to the hospital because of the side effects linked to the birth control device. 224 women died.
At Altman & Altman, LLP our Boston NuvaRing lawyers are here to help victims and their families obtain compensation for the injuries and pain suffered from using this type of contraception. We are experienced in pursuing medical device companies for products liability compensation or our clients.
Contact our Massachusetts personal injury law firm today and ask for your free case consultation. We also handle defective medical claims involving other forms of contraception, including the Yaz and Yasmin birth control pills and the Mirena IUD.
Nuvaring case finalized in $100M settlement, USA Today, June 5, 2014
Merck to Pay $100 Million NuvaRing Pact If Women Join, Bloomberg, February 7, 2014
More Blog Posts:
NuvaRing Lawsuits Grow in Number As Women Seek Compensation for Serious Side Effects, Massachusetts Drug Injury lawyers Blog, January 16, 2013
Plaintiff of NuvaRing Lawsuit Blames the Birth Control Device for Pulmonary Embolism, Drug Injury Lawyers Blog, December 19, 2012
Boston Dangerous Drug Lawsuits: YAZ, Ocella, and Yasmin Birth Control Pills Linked to Deep Vein Thrombosis, Pulmonary Embolism, Stroke, Heart Attack, and Myocardial Infarction Side Effects, Boston Injury Lawyer Blog, June 19, 2012