Trial Date Set for Federal Nuvaring® Case

As we have discussed in previous posts, studies have shown that the hormones contained in the birth control product NuvaRing® have been linked to various forms of severe side-effects including: heart attack, stroke, deep vein thrombosis (also known as DVT or blood clots), internal organ damage, myocardial infarction and pulmonary embolism.

Judge Rodney W. Sippel, United States District Judge, is presiding over the federal litigation centralized in the Eastern District of Missouri. Judge Sippel set a case management conference for January 16, 2014. The trial in Prather v. Organon, 4:08-cv-558-RWS, is currently set to take place on April 7, 2014.

If you, or someone you know, has experienced adverse effects as a result of using Nuvaring®, you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the manufacturer of Nuvaring®.

First New Jersey Nuvaring Trial to Begin in June 2013

As we have discussed in previous posts, studies have shown that the hormones contained in the birth control product NuvaRing® have been linked to various forms of severe side-effects including: heart attack, stroke, deep vein thrombosis (also known as DVT or blood clots), internal organ damage, myocardial infarction and pulmonary embolism.

At a Case Management Conference on April 16, 2013, Judge Brian Martinotti, who is overseeing all New Jersey state Nuvaring® cases, confirmed that the first trial is still scheduled to begin on June 17, 2013 in Bergen County, New Jersey. If the trial proceeds as scheduled, it will be the first Nuvaring® case to go to trial in the U.S. The outcome will likely impact the thousands of lawsuits pending throughout the country. Currently, there are 20 Nuvaring® cases being prepared for trial in New Jersey, which are considered representative of the hundreds of cases filed in New Jersey.

If you, or someone you know, has experienced adverse effects as a result of using Nuvaring®, you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the manufacturer of Nuvaring®.

Merck Reports Drop in the NuvaRing Use Amid Injuries and Lawsuits

The latest financial statements from Merck, the manufacturer of the NuvaRing, appear to show that the warnings and surrounding litigation are slowing the drug’s use. According to a report on DrugRisk, an online pharmaceutical resource center, sales slipped by 2% from 2011. The drop is not surprising. Additionally, the New England Journal of Medicine and British Medical Journal have published studies finding vaginal ring contraceptives, like the NuvaRing, could relate to “2.5 to 3 fold increased risk of blood clots over traditional pills.”

NuvaRing users continue to suffer negative health effects that can be fatal including strokes, DVT and pulmonary embolisms. There are more than 1,000 NuvaRing cases currently pending across the country.  The first New Jersey trial is scheduled to begin in May, 2013.

If you, or someone you know, has experienced adverse effects as a result of using Nuvaring®, you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the manufacturer of NuvaRing®.

Federal Judge Sippel Allows Documents To Be Unsealed in NuvaRing® Litigation

Judge Rodney Sippel has denied the request of Defendant Merck, the current manufacturer of NuvaRing®, to keep certain documents sealed, or kept from public view. Some of the newly available documents appear to show that several defendants responsible for manufacturing and distributing NuvaRing produced reports which may have been misleading regarding the products’ safety.

Judge Sippel, the federal judge presiding over several hundred federal NuvaRing® lawsuits filed in the Eastern District of Missouri (4:08MD1964 RWS), denied the request in Document #1390 on Oct. 25, 2012. Many of the claims asserted by plaintiffs revolve around women who allege they have suffered blood clots, deep vein thrombosis and pulmonary embolisms as a result of their use of NuvaRing®.

If you, or someone you know, has experienced adverse effects as a result of using Nuvaring®, you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the manufacturer of NuvaRing®.

Danish Study Links NuvaRing® Vaginal Ring to 90% Increased Risk of Blood Clots Over Oral Contraceptives

The British Medical Journal published a study from Denmark on May 10, 2012, linking vaginal rings like NuvaRing to as much as a 90% increased risk of blood clots over oral contraceptives. On June 14, 2012, the New England Journal of Medicine also published a Danish study finding vaginal ring contraceptives could relate to a 2.5 to 3-fold increased risk of blood clots.

So far, the FDA has received over 1,000 reports of blood clot injury or death in patients using NuvaRing. On October 27, 2011 they released a report titled, “Combined Hormonal Contraceptives (CHCs) and the Risk of Cardiovascular Disease Endpoints,” which showed vaginal ring contraceptives could increase the risks of blood clots by as much as 56% over traditional birth control pills.

If you, or someone you know, has experienced adverse effects as a result of using Nuvaring®, you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the manufacturer of Nuvaring®.

New Jersey State Judge Expected to Select First Nuvaring® Trial

As we have discussed in previous posts, studies have allegedly shown that the hormones contained in the birth control product NuvaRing® may be linked to various forms of severe side-effects including: heart attack, stroke, deep vein thrombosis (also known as DVT or blood clots), internal organ damage, myocardial infarction and pulmonary embolism.

As we have also discussed, the first New Jersey trial in the Nuvaring® litigation is scheduled to begin in February 2013. Counsel for Plaintiffs and Defendants have been working tirelessly to prepare the initial ten (10) bellwether cases for trial. To date, Judge Martinotti, who is overseeing all New Jersey state Nuvaring® cases, has refrained from deciding the order of these initial trials. However, at a Case Management Conference on August 8, 2012, Judge Martinotti instructed the parties to meet and confer within the next seven (7) days before providing him with their suggestions. Plaintiffs anticipate that Judge Martinotti will select the first trial in the near future, allowing them to focus their efforts while preparing the strongest possible case against Organon, the manufacturer of Nuvaring®.

If you, or someone you know, has experienced adverse effects as a result of using Nuvaring®, you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the manufacturer of Nuvaring®.

Appellate Division Upholds Nuvaring Dismissal

On August 1, 2012, the New Jersey Superior Court, Appellate Division upheld a state court’s dismissal of a Nuvaring lawsuit for failure to file the suit within the statute of limitations. Although the timeframe varies based on the state and the cause of action, a statute of limitations is the maximum length of time after an event occurs that a plaintiff has to initiate legal proceedings. Failure to file a lawsuit within the applicable time will forever bar a plaintiff’s chance at recovery.

In Millian v. Organon USA Inc., et al., Virginia resident, Stephanie Millian, allegedly suffered injuries related to a blood clot in November 2005, which the hospital physician attributed, at least in part, to her use of Nuvaring. However, Millian did not file her lawsuit in New Jersey state court until November 2011, approximately six years following her injury.

Organon USA Inc., the manufacturer of Nuvaring, successfully argued that Millian failed to file her lawsuit within the permitted timeframe. The Appellate Division, agreeing with the lower court’s dismissal, concluded that 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.” Moreover, the court opined that 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 dismissal of Millian’s lawsuit stresses the importance of seeking legal representation as soon as you suspect that Nuvaring may have been responsible for your injury.

If you, or someone you know, has experienced an injury as a result of using Nuvaring, you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the manufacturer of Nuvaring.

NuvaRing® Defendants File Motion Seeking To Compel The Compensation of Non-Testifying Experts

Defendants in the NuvaRing® litigation recently filed a motion before Judge Martinotti, who is overseeing the New Jersey state cases, asking the Judge to compel Plaintiffs’ counsel to produce any documents related to two (2) experts retained in another mass tort, Yaz/Yasmin litigation.  Defendants contend that Plaintiffs’ counsel had access to pre-publication information about new studies relating to the dangers of NuvaRing® performed by experts in the Yaz/Yasmin litigation long before they were published.

Plaintiffs’ counsel has filed opposition flatly denying the accusation as well as responding by stating that no evidence exists to support the Defendants’ contention. In addition, Plaintiffs dispute that the experts identified in Defendants’ motion have, in fact, been retained. As such, Plaintiffs’ counsel is arguing that the request is outside the permitted scope of discovery in the NuvaRing® litigation absent extraordinary circumstances. Oral Arguments on the motion will be before Judge Martinotti on August 8, 2012, with a ruling to be expected a short time later.

If you, or someone you know, has experienced adverse effects as a result of using Nuvaring®, contact Stark & Stark to speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the manufacturer of Nuvaring®.

Judge Martinotti Schedules First New Jersey Nuvaring Trial

At a Case Management Conference on February 27, 2012, Judge Martinotti, who is overseeing all New Jersey state cases in the Nuvaring litigation, scheduled the first trial to begin on February 4, 2013. The parties expect the trial to last approximately one month, given the Court’s schedule and various holidays. At this point, it is unclear which case will be chosen to be tried first. However, Judge Martinotti has ordered that nine selected cases, known as bellwether cases, be prepared to start trial that day. The actual order of these first nine cases will be determined at a later date. This would be the first Nuvaring trial, both in the state and federal courts, since the initial complaint was filed in 2007.

If you, or someone you know, has experienced adverse effects as a result of using Nuvaring, contact Stark & Stark to speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the manufacturer of Nuvaring.

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