What is the Status of the Agreement to Settle NuvaRing Injury Suits?
Thousands of women throughout the United States are currently pursuing a NuvaRing injury lawsuit after suffering a stroke, heart attack, pulmonary embolism, deep vein thrombosis (DVT) or other blood clot injury. All of the claims involve similar allegations that Merck and their Organon subsidiary failed to adequately warn consumers and the medical community about the potential side effects of the birth control ring.
Please note that the lawyers at Saiontz & Kirk, P.A. are no longer taking on new cases involving NuvaRing. The content on this page is provided for informational purposes only.
On February 7, 2014, it was announced that Merck has offered a lump sum amount of $100 million to settle the entire NuvaRing litigation.
Under terms of the proposed agreement, 95% of all eligible claimants must agree to participate in the settlement program or Merck has the option of walking away from the deal. In addition, certain participation thresholds are required for specific types of claims.
This is a nationwide settlement offer, which would include all cases filed as of the date the agreement was announced, as well as qualifying claimants who have not yet filed a lawsuit. In order to qualify for a portion of the settlement, each participant must meet certain requirements outlined in the Master Settlement Agreement for NuvaRing. The determination of individual claim values under the NuvaRing settlement will be made by a committee of plaintiffs’ counsel, pursuant to established criteria.
The settlement only applies to NuvaRing injuries that occurred prior to February 7, 2014, and for women who signed a retainer agreement with an attorney for legal representation relating to that injury prior to that date.
Eligible plaintiffs are able to settle their NuvaRing case by enrolling in the program, and agreeing to be bound by the terms of the settlement. Further details regarding this settlement will be provided to clients who retained Saiontz & Kirk, P.A. prior to February 7.
According to terms of the agreement, the “Opt-In Deadline” is March 10, 2014 at 11:59 p.m. C.T. A 15 day extension may be sought from the Claims Administrator for certain cases, with additional extensions possible by mutual agreement of the Defendants and Negotiating Plaintiffs’ Counsel.
Merck and their Organon subsidiary will then have until the 45th day following the last extension deadline to exercise any termination right under the agreement.
If the NuvaRing agreement moves forward for the qualifying claims, there will then be a lengthy process of submission and review of claims packages, as well as curing potential deficiencies in claim packages.