Mylan Sued Over Birth Control Patch After Death

On Friday a case was removed from the Superior Court of Murray County, Georgia to the Northern District of Georgia. The case was filed against Mylan Pharmaceuticals Inc, Viatris Speciality, LLC and Viatris Inc., bringing product liability claims in connection with birth control patch Xulane.

Xulane, per the complaint, is a birth control patch containing norelgestromin and ethinyl estradiol transdermal medication which is used to supply hormones for birth control purposes through skin contact.

The plaintiffs, suing on behalf of an estate, claim that the deceased had a body mass index of 30 kg/m2 or more and was using the patch as prescribed when she suddenly lost consciousness and passed away due to a deep vein thrombosis (DVT).

The plaintiffs accuse the manufacturer of knowing that Xulane posed an exteme risk of causing DVT in women with a body mass index of 30 kg/m2 or more, but providing no warning to either physicians or consumers of this fact.

The plaintiff is suing for strict product liability for sale of a patch that was not merchantable for women with a body mass index of 30 kg/m2 or more, failure to warn, failure to timely report adverse drug experiences, negligent testing, and wrongful death. The plaintiff is represented by McCamy Phillips Tuggle & Fordham. Defendants are represented by Swift, Currie, McGhee & Hiers and Pietragallo, Gordon, Alfano, Bosick & Raspanti