SANTA FE — A consumer is suing a pharmaceutical company for alleged breach of express warranty over the side effects of contraceptive product.

Karina Moreno filed a complaint on April 3 in the U.S. District Court for the District of New Mexico against Organon USA Inc., N.V. Organon, Schering Corporation, Merck and Co. Inc. and Merck Sharo & Dohme alleging that they failed to properly design a safe product to avoid complications and injuries to public users.

This lawsuit could be transferred to the U.S. District Court for the Eastern District of Missouri to be included in NuvaRing products liability litigation, according to court records.

According to the complaint, the plaintiff alleges that on April 7, 2014, she began to experience chest pain and shortness of breath. She visited Mountain View Regional Medical Center and was advised to discontinue the use of contraceptive NuvaRing because the product posed a higher risk of venous thromboembolism resulting to bilateral pulmonary emboli. 

As a result, Moreno claims she suffered pain and economic loss and incurred hospital expenses. 

The plaintiff holds the defendants responsible because the defendants allegedly failed to adequately test the safety of NuvaRing, failed to provide proper and full information as to the safety of the product to the U.S. Food and Drug Administration and failed to warn prescribing physicians and the public of the health risks when using the contraceptive product.

The plaintiff requests a trial by jury and seeks judgment in excess of $75,000 the damages suffered, attorneys' fees, expenses, costs and other relief as the court deems just and proper. She is represented by Bryan Williams of Ron Bell Injury Lawyers in Albuquerque, New Mexico.

U.S. District Court for the District of New Mexico Case number 4:17-cv-01316

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