COLUMBIA — A Gilbert, South Carolina, woman is suing the makers and distributors of NuvaRing, citing alleged breach of implied warranty.
Nicole Rothell filed a complaint on March 29 in the U.S. District Court of South Carolina against the USA Inc., N.V. Organon, Schering Corp., Merck and Co. Inc. and Merck Sharp and Dohme alleging that 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 on April 4, 2014, the plaintiff claims she began to experience chest pain and shortness of breath. After visiting Palmetto Richland Hospital, she was advised to discontinue the use of the NuvaRing, because of bilateral pulmonary embolism. As a result, Rothell claims she suffered excruciating pain and medical expenses.
The plaintiff allege the defendants failed to warn consumers of the serious risks of the product, failed to conduct appropriate testing prior to the NuvaRing being prescribed to consumers and failed to provide proper and full information as to the safety of the product to the U.S. 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 Carmen S. Scott of Motley Rice LLC in Mt. Pleasant, South Carolina, and David B. Krangle and Andres F. Alonso of Alonso Krangle LLP in Melville, New York.
U.S. District Court of South Carolina Case number 4:17-cv-01338