BILLINGS, Mont. — A Sunburst, Montana, woman is suing the makers and distributors of NuvaRing, citing alleged breach of implied warranty.
Jolene Mayfair filed a complaint on April 28 in the U.S. District Court for the District of Montana Billings Division against Organon USA Inc., N.V. Organon, Schering Corp., Merck & Co. Inc. and Merck Sharp & 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 May 6, 2014, she began to experience chest pain and shortness of breath. After visiting Champlain Valley Physicians' Hospital, she was advised to discontinue the use of the NuvaRing because of pulmonary embolism, or blockage of blood vessels in the lungs. She was immediately placed on Lovenox anticoagulation therapy.
As a result, Mayfair claims she suffered excruciating pain and medical expenses.
The plaintiff holds the defendants responsible because they allegedly 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 Jon M. Moyers of Moyers Law PC in Billings.
U.S. District Court for the District of Montana Billings Division Case number 4:17-cv-01492-RWS