SEATTLE — A Ferndale, Washington, woman is suing the makers and distributors of NuvaRing, citing alleged breach of implied warranty.
Marilu Morgan filed a complaint June 27 in the U.S. District Court for the Western District of Washington 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 on July 22, 2014, she experienced chest pain and shortness of breath when she began using the NuvaRing. After visiting St. Joseph Hospital, a CT angiography revealed bilateral pulmonary emboli, and she was immediately placed on anticoagulation therapy and was advised to discontinue the use of NuvaRing. As a result, Morgan claims she suffered economic and noneconomic losses, incurred hospital expenses and emotional distress
The plaintiff holds the defendants responsible because they allegedly failed to conduct appropriate testing prior to allowing use of NuvaRing by consumers, failed to properly disclose the known safety hazards associated with NuraRing and failed to provide proper and full information as to 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 further relief the court deems necessary, just and proper. She is represented by William D. Marler of The Food Safety Law Firm in Seattle and David B. Krangle and Andres F. Alonso of Alonso Krangle LLP in Melville, New York.
U.S. District Court for the Western District of Washington case number 4:17-cv-01945-RWS