The ruling does not guarantee any particular outcome after trial, but it does mean that plaintiffs’ attorneys are allowed to seek punitive damages in addition to compensatory damages.
(PRWEB) May 06, 2013
Two weeks after a judge threw out seven bellwether NuvaRing lawsuits, plaintiffs scored a win on May 3 in the New Jersey multicounty litigation consolidation when a judge refused to dismiss punitive damages claims in nine bellwether NuvaRing lawsuits, according to court documents. The Rottenstein Law Group, a NuvaRing law firm, offers its opinion on the developments and notes that it operates a case information site that features a comprehensive history of the contraceptive device, in addition to how to go about filing a lawsuit.
Attorneys for medical device manufacturers Merck and Organon USA argued that punitive damages could not be sought in New Jersey because the state’s Product Liability Act excludes punitive damages in prescription drug litigation, according to court documents in In re: NuvaRing Litigation (BER-L-3081-09, Superior Court of New Jersey, Bergen County). Judge Brian R. Martinotti said the cases are primarily concerned with what the companies revealed to the plaintiffs and their doctors in each of the respective states—not what was disclosed to the U.S. Food and Drug Administration in warning labels issued from the companies’ headquarters in New Jersey. This, he said, meant that each of those respective states had an interest in regulating punitive damages differently.
“The ruling does not guarantee any particular outcome after trial,” said Rochelle Rottenstein, principal of the Rottenstein Law Group, “but it does mean that plaintiffs’ attorneys are allowed to seek punitive damages in addition to compensatory damages.”
This news comes as parties on both sides are also preparing for bellwether trials in the federal multidistrict litigation, a consolidation of federal NuvaRing lawsuits (MDL-1964, U.S. District Court for the Eastern District of Missouri), set to begin in October.
There are about 200 NuvaRing lawsuits pending in the MCL in New Jersey. There are currently more than 1,000 lawsuits pending as part of the federal MDL, according to court records. Among the side effects cited by plaintiffs is the risk of blood clots. The British Medical Journal published a study that found a six-and-a-half-fold to eightfold increase in the risk of clots in women who use vaginal ring contraceptives.*
The Rottenstein Law Group encourages those women who believe their NuvaRing contraceptive device has injured them to visit its NuvaRing Lawsuit Information Center. The website offers updates on NuvaRing news, a history of the device and information on how to file a NuvaRing lawsuit.
About THE ROTTENSTEIN LAW GROUP
The Rottenstein Law Group is a New York-based firm that represents clients nationwide in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients hurt by defective medical devices and drugs. (Attorney advertising. Prior results do not guarantee a similar outcome.)
The Rottenstein Law Group, LLP
Rochelle Rottenstein, Esq.
321 W. 44th Street
New York NY 10036
(212) 933-9500 (office phone)
(212) 933-9980 (facsimile)
rochelle (at) rotlaw (dot) com