BOSTON — A Forestdale, Massachusetts, woman is suing the makers and distributors of NuvaRing, citing alleged breach of implied warranty.

Chelsea Newcomb filed a complaint June 21 in the U.S. District Court for the District of Massachusetts against Organon USA Inc., N.V. Organon, Schering Corp., Merck & Co. Inc. and Merck Sharp & Dohme alleging the defendants failed to properly disclose the known safety hazards associated with the contraceptive NuvaRing.

This is a potential tag-along action that should be transferred to the U.S. District Court for the Eastern District of Missouri to be included in a NuvaRing products liability case, according to court documents.

According to the complaint, the plaintiff alleges that in June 2014, she began using NuvaRing. On July 7, 2015, she claims she began to experience chest pain and shortness of breath. After visiting Cape Cod Hospital, she was advised to discontinue using NuvaRing because of a bilateral pulmonary embolism, according to court records. As a result, Newcomb claims she suffered excruciating pain and incurred medical expenses.

The plaintiff holds the defendants responsible because they allegedly failed to conduct appropriate testing prior to allowing NuvaRing to be prescribed to consumers, failed to properly disclose the known safety hazards associated with NuraRing and failed to provide proper and full information about the safety of the product to the Food and Drug Administration.

The plaintiff requests a trial by jury and seeks judgment in excess of $75,000 for all damages caused, expenses, costs of this action and such further relief as the court deems necessary, just and proper. She is represented by Robert T. Naumes Jr. of Law Offices of Jefferey S. Glassman LLC in Boston and David B. Krangle of Alonso Krangle LLP in Melville, New York.

U.S. District Court for the District of Massachusetts case number 4:17-cv-01944-RWS

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