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NuvaRing Lawsuit News: Rottenstein Law Group Responds to Judge’s Refusal to Dismiss Punitive Damages Claims
Date:5/6/2013

(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.

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