U.S. drugmaker Merck & Co. has settled the NuvaRing lawsuit, which alleged that the company's contraceptive caused blood clots and were fatal, by agreeing to pay $100 million.
On Friday, February 7, Merck looked to resolve thousands of U.S. product-liability lawsuits pertaining to its NuvaRing contraceptive with the $100 million payment.
"The settlement is a fair resolution of this litigation," said Judge Brian Martinotti. "This is a lump-sum settlement of $100 million that covers the entire litigation nationwide."
"I believe this is an outstanding and favorable settlement for the women who have been harmed as a result of their use of Nuvaring," said Kristine Kraft, an attorney for one of the plaintiffs.
Nearly 3,800 cases in federal and state courts in Missouri and New Jersey may be resolved by the settlement, but 95 percent of these eligible patients need to participate for the deal to take effect. In the event more than 5 percent of the plaintiffs refuse the offer, Merck will be able to walk away from the settlement, per Judge Martinotti who gave the settlement preliminary approval.
Over 200 women sued Merck in New Jersey, accusing the company of selling NuvaRing despite knowing that it held a higher risk of potentially leading to blood clots that may induce heart attacks, when compared to competing products.
However, the prescribing label for NuvaRing issues warnings of cardiovascular risks associated with contraceptives, including NuvaRing, especially in women who smoke. The plaintiffs, however, argued that the label did not completely or precisely characterize evidence that so-called third-generation contraceptive NuvaRing increased the risk of blood clots when compared to second-gen versions.
For the uninitiated, NuvaRing is a hormonal-vaginal contraceptive which combines progestin and estrogen (found in birth control pills) in a ring to prevent pregnancy. NuvaRing has been available to women in the U.S. since 2001.
Roger Denton, a lawyer for the plaintiffs, said that the settlement which was reached after a year of negotiating was an "an outstanding result and in the best interests of all the women who have suffered an injury associated with the use of NuvaRing."
A spokeswoman for Merck said that the company is not admitting wrongdoing under the settlement. Merck continues to "monitor the safety of the medicine" and believed NuvaRing is a safe contraceptive. Merck also said that there is considerable evidence to back the safety and effectiveness of NuvaRing.
