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Nexplanon Migration Lawsuit – Case Status

Nexplanon, an alternative birth control device, has been linked to blood clots and heart attacks. You may be entitled to recover. See if you qualify.

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Table of contents
  1. Latest Nexplanon Lawsuit Updates
  2. What Is Nexplanon?
  3. Who May Be Affected?
  4. Reported Injuries or Damages
  5. Recall and Regulatory Background
  6. Evidence to Preserve
  7. Filing Deadlines
  8. Potential Compensation
  9. Frequently Asked Questions
  10. References
A federal lawsuit alleges the Nexplanon contraceptive implant caused a 19-year-old woman’s fatal blood clot. Organon USA, Inc. makes the implant, a rod placed under the skin of the upper arm. In Lauderdale v. Organon USA, her mother sued Organon and two Merck companies in federal court in Arkansas. She says the makers failed to warn doctors about the clot risk. The defendants dispute the claim. Claims so far are individual lawsuits rather than a class action. The label also lists nerve injury and implant migration as risks of deep insertion.
Lawsuit at a glance
  • Case or litigation name: Lauderdale v. Organon USA, Inc. (individual Nexplanon injury claim)
  • Defendants: Organon USA, Inc.; Merck & Co. Inc.; Merck Sharp & Dohme Corp.
  • Court and docket number, when available: U.S. District Court, Western District of Arkansas, Fayetteville Division, No. 5:21-cv-05200
  • MDL number, judge, and case count, when an MDL exists: No MDL
  • Filing date: 2021
  • Main allegations: Alleged failure to warn of Nexplanon’s clot risk (strict liability and negligence), plus fraud and gross negligence claims in a death case
  • Products or people involved: Nexplanon etonogestrel contraceptive implant; a mother suing for her 19-year-old daughter’s death

Latest Nexplanon Lawsuit Updates

August 26, 2022: Court Rules on Motion to Dismiss

The U.S. District Court for the Western District of Arkansas ruled on the manufacturers’ motion to dismiss in Lauderdale v. Organon USA, Inc. [1]. It denied dismissal of the failure-to-warn strict-liability count and the negligence count. It granted dismissal of the fraud count and the gross-negligence count in the death case. The defendants dispute the allegations.

July 5, 2021: South Carolina Woman Receives Settlement

Live 5 News reported that a Beaufort County, South Carolina woman received a $600,000 settlement [2]. She had sued over a Nexplanon implant inserted in January 2014 that left her with nerve damage in her arm. The report cites a South Carolina Insurance Reserve Fund list of payouts, which does not name the woman or the court.

What Is Nexplanon?

According to the FDA label, Nexplanon is a progestin indicated for use by women to prevent pregnancy [3]. It is a single, rod-shaped implant with 68 mg of etonogestrel. The implant comes pre-loaded in the needle of a disposable applicator. A clinician places it just under the skin on the inner side of the non-dominant upper arm.

Who May Be Affected?

Women who had a Nexplanon implant inserted are the people these claims concern. Arm nerve symptoms, an implant that moved and blood clots are the problems raised in the claims and on the label. A legal review of your facts, including your records and your state, is the only way to say whether you may have a claim.
Think you may qualify?
Schmidt & Clark offers a free case review for people hurt by a Nexplanon implant. A review does not promise eligibility or any result.

Reported Injuries or Damages

In Lauderdale, Angela Lauderdale alleges Nexplanon caused her daughter’s death at 19 from a venous thromboembolism. The court opinion describes multiple blood clots in both lungs. The FDA label lists its own risks. It says deep insertions have been associated with paresthesia due to neural injury. It also names implant migration and intravascular insertion. The label reports serious arterial thrombotic and venous thromboembolic events in women using etonogestrel implants. These include pulmonary emboli, some fatal. It says Nexplanon should be removed in the event of a thrombosis.

Recall and Regulatory Background

The FDA-approved label, revised in September 2023, is the regulatory record on its risks. No MDL has been formed for Nexplanon by the Judicial Panel on Multidistrict Litigation [4]. A warning or lawsuit does not prove liability.

Evidence to Preserve

Keep these records and items, because they can show what happened and when:
  • Medical records of the insertion and any removal, with the date, the clinic and the clinician.
  • Imaging reports, because the label says implants you cannot feel may need imaging to find them.
  • The implant package and lot details, along with prescription and pharmacy records.
  • Photographs of the arm, including any swelling, bruising or change at the insertion site.
  • Records of symptoms such as numbness, tingling or pain, with dates and the doctors who treated them.
  • Hospital records of any blood clot, and your messages with the clinic and the maker.

Filing Deadlines

Time limits for a Nexplanon claim are set by state law. Your state, the date of the injury and the date of its diagnosis all matter. Once the deadline passes, a claim may be barred however strong the facts are. Ask a lawyer about your own deadline promptly.

Potential Compensation

Compensation amounts vary by case. Past results do not guarantee future outcomes. Potential compensation in a product claim can include medical expenses, lost income and pain and suffering. A death case can add wrongful death losses.

Frequently Asked Questions

What Is the Nexplanon Lawsuit About?

The Nexplanon lawsuit in Arkansas federal court is about a mother’s claim that the makers failed to label Nexplanon properly. The defendants argue that federal law preempts the failure-to-warn claims.

Did the Court Decide That Nexplanon Caused the Death?

The court did not decide that Nexplanon caused the plaintiff’s daughter’s death. It ruled only on a motion to dismiss and found the failure-to-warn claim adequately pleaded. The defendants dispute that the implant caused the death.

What Is the Difference Between Nexplanon and Implanon?

The difference between Nexplanon and Implanon is that Nexplanon is the newer, patent-protected version of the implant. According to the court’s opinion, the FDA approved Implanon in 2006 and Nexplanon in 2011.

How Long Can the Nexplanon Implant Stay in Place?

The Nexplanon implant can stay in place for up to three years. The FDA label says it must be removed no later than by the end of the third year. Ask your clinician about removal.

What Does the Research Say About Nexplanon Risks?

The research on Nexplanon risks says it is unknown whether the increased clot risk of combination hormonal contraceptives applies to etonogestrel alone, the hormone in the implant, according to the FDA label.

Can I File a Lawsuit If the Implant Migrated?

Whether you can file a lawsuit if the implant migrated depends on your injury, your records and your state. Records showing where the implant was found and when it was removed matter. A lawyer reviews those facts.

References

  1. https://www.govinfo.gov/content/pkg/USCOURTS-arwd-5_21-cv-05200/pdf/USCOURTS-arwd-5_21-cv-05200-0.pdf#page=27
  2. https://www.live5news.com/2021/07/06/sc-woman-receives-6-figure-payout-birth-control-implant-lawsuit/
  3. https://www.accessdata.fda.gov/drugsatfda_docs/label/2023/021529s021s022s024lbl.pdf
  4. https://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_Actions_Pending-December-2-2024.pdf