Missouri plaintiffs Sara Jenn, Janice Mitchell-McGuire, Marianne Prather and Robin Smith, each of whom is pursuing product liability claims against defendants Organon USA Inc., Organon Pharmaceuticals USA Inc., Organon International Inc., Akzo Nobel NV and Schering-Plough Corp. in the Eastern District of Missouri, explain that Judge Sippel has already expressed interest in presiding over a NuvaRing MDL and has issued important rulings concerning the discovery of electronically stored information from the defendants. In addition, the plaintiffs note that Judge Sippel is presiding over In re: Celexa/Lexapro Products Liability Litigation (MDL No. 1736 [E.D. Mo.]).

In its May 2 opposition brief, the defendants argue that the cases are not ripe for centralization because there is an abundance of individual issues underlying each plaintiff’s complaint and that 58 of the cases pending in the District of New Jersey are waiting for a ruling on their motions to remand. If, however, the Judicial Panel on Multidistrict Litigation agrees to centralize the cases, the defendants suggest that the District of New Jersey house the MDL. Attorneys representing the cases in New Jersey have agreed to withdraw their motions to remand.

The Missouri plaintiffs petitioned the JPMDL on April 22, arguing that centralizing the cases and consolidating them for discovery purposes is prudent because each case involves common issues of law and fact. Each plaintiff claims that the use of the NuvaRing contraceptive, which releases both estrogen and a synthetic progestin to prevent pregnancy, resulted in death, pulmonary embolism, deep vein thrombosis or stroke and seeks damages based on negligence, strict liability and breach of warranty.

A hearing on the petition is scheduled for July 31.

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