Product Liability Lawyer Blog
According to recent article, the makers of Nuvaring are warning Canadian patients that this form of birth control may not be safe for many women. According to the drug company, women who smoke and are over 35-years-old or have had at least one serious heath condition, including blood clotting issues, high blood pressure, or diabetes, could be at a risk for serious illness if they use the Nuvaring as a form of birth control.
The Nuvaring is a ring that is inserted into the vagina that continuously releases hormones to prevent pregnancy. This drug has been shown to have serious side effects, including increased risk of heart disease, strokes and dangerous blood clots. According to the manufacturer, it is now known that the drug can lead to other serious side effects, including painful joints, blisters, hearing loss, swelling, and intestine problems.
As your Boston dangerous drug lawyers can explain, one of the most serious side effects is blood-clotting issues. Blood clots can form in the veins of the legs in a condition known as deep vein thrombosis. These clots can then break free from the leg veins and travel through the blood system into the heart and lungs. When a clot enters the lungs, it is known as a pulmonary embolism, or PE. A PE is often fatal for the patient.
Over the past 10 years, there have been numerous product liability lawsuits against the makers of Nuvaring because it appears the manufacturers knew this drug was far more dangerous than other forms of birth control and did not warn patients of the risks.
Dangerous drug lawsuits are filed as negligence actions. One of the common theories of negligence in these types of cases is failure to adequately warn patients of known dangers.
Drug companies are required to conduct studies and extensive testing on new drugs before those drugs are brought to market. Any side effects or other adverse events are required to be reported the U.S. Food and Drug Administration (FDA). Those risks must also be fully conveyed to patients in marketing materials, by their doctors and written in the drug monographs included with prescriptions.
Under the law pertaining to negligence actions, drug companies are required to act in a reasonable and prudent manner to prevent foreseeable injuries to their patients. At the very least, pharmaceutical companies must warn prospective patients of potential side effects.
If the drug company is aware of a potential side effect but does not inform the FDA, doctors and patients, this could be considered a breach of its required duty of care. If the drug company breaches its required duty of care and that breach causes a personal injury to a patient, the drug company will have committed a negligent act by meeting all four required elements: 1) Duty 2) Breach 3) Causation 4) Damages.
Failure to adequately warn involves the company’s silence on possible side effects that might be acceptable risks if the patient was properly advised of them before taking a drug. However, it’s worth noting that some drugs are simply too dangerous and should never have been given to patients. In those instances, the plaintiff can make a claim that the drug was dangerously defective.
Call the Boston Jeffrey Glassman Injury Lawyers for a free and confidential appointment — (617) 777-7777.
Additional Resources:
NuvaRing maker advises some women to avoid using product, July 31, 2014, CTV News
More Blog Entries:
Knee Replacements Rise with Rates of Obesity, June 23, 2014, Boston Products Liability Lawyers Blog