NEWPORT NEWS, Va. (CN) – A man claims the NuvaRing contraceptive killed his wife by giving her blood clots in her pulmonary arteries. And he claims Organon and Merck knew NuvaRing was more dangerous than the pill but marketed it as less dangerous.
Eric Horne, a father of two, claims Organon and Merck knew that NuvaRing “was associated with more thrombotic [blood clot] events than the pill,” but “marketed, promoted and advertised NuvaRing as presenting less of a risk of thrombotic side effects than other means of contraception”.
Horne adds: “Defendants obtained permission to market NuvaRing by presenting safety data derived from studies on the pill and failed to do proper clinical investigation with actual users of NuvaRing.
“In actuality, as defendants knew but failed to disclose, the NuvaRing released a continuous stream of hormones (progestin and estrogen) into the body of a user, at a higher level than the pill provided, and more than defendants stated were being released into the bloodstream in its promotional literature.
“In addition, the method of hormone delivery intended by the manufacturer of the NuvaRing resulted in the inability to control the dosage of hormones delivered by the device. As a result, the product delivered inconsistent dosing, frequently delivering significantly more hormones than was intended or safe.”
Horne’s wife was admitted to a hospital emergency room on May 31, 2009, and died of “large clot burden of acute pulmonary emboli involving bilateral distal right and left pulmonary arteries and multiple segmental pulmonary arteries.”
He adds: “Decedent and her prescribing healthcare provider were unaware of the increased risk of the use of NuvaRing. Had the deceased’s physician been appropriately warned of the true risk of using NuvaRing, the medication would not have been prescribed or the warnings and informed consent given by the patient would have resulted in her not taking the medication. Far safer alternatives existed.”
Horne and his children seek $10 million in damages for negligence, strict liability, breach of warranty, and loss of consortium.
They are represented by George Albiston with Gilbert, Albiston & Keller, of Norfolk.