CAMDEN — A Concord, California, woman is suing makers and distributors of NuvaRing, citing alleged breach of implied warranty.
Donna Marie Allen filed a complaint in the U.S. District Court for the District of New Jersey against Organon USA Inc., N.V. Organon, Schering Corp., Merck and 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 Sept. 29, 2015, she began to experience chest pain and shortness of breath after using NuvaRing. After visiting John Muir Medical Center, a CT angiograph of the chest revealed bilateral pulmonary emboli, and the plaintiff was advised to discontinue using the contraceptive. As a result, Allen claims she suffered excruciating pain and incurred medical expenses.
The plaintiff alleges 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 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 David B. Krangle and Andres F. Alonso of Alonso Krangle LLP in Melville, New York.
U.S. District Court for the District of New Jersey case number 4:17-cv-02348-RWS