Judge Martinotti, who presides over the NuvaRing® mass tort cases in the Superior Court of New Jersey – Bergen County, will hold a case management conference on March 11, 2011. At this conference, the judge will hear Defendants’ motion to dismiss Millian v. Organon. Defendants claim the statute of limitations has expired and the action is barred. Underlying the statute of limitations issue in this motion is a choice of law issue. The Court will address whether to apply the statute of limitations of Virginia, the plaintiff’s home state where her injuries were diagnosed, or New Jersey, the state where the action is filed. The Court’s decision will likely apply to the remaining matters filed in this mass tort.
As we have discussed in previous posts, studies have shown that the ingredients contained in the birth control product NuvaRing® have been linked to various forms of severe side-effects including: heart attack, stroke, deep vein thrombosis (also known as DVT or blood clots), internal organ damage, myocardial infarction and pulmonary embolism.