DENVER – A former Durango family feels “betrayed” by a “diabolical” legal and regulatory system after their case was dismissed against the pharmaceutical giant they say made a product that caused their daughter’s death.
A San Francisco Superior Court on Sept. 10 dismissed the case against Merck and Co., Inc., in the case revolving around NuvaRing, a form of combined hormonal birth control.
Erika Langhart died at age 24 after two heart attacks in 2011; she was found on the floor of her Washington, D.C., apartment Thanksgiving Day. Her parents – Karen and Rick Langhart – say their daughter’s death was the result of using NuvaRing, a product that uses desogestrel, a progestin used in hormonal contraceptives.
When the Langharts began their legal journey with a senior partner at New York-based law firm Napoli Bern Ripka Shkolnik shortly after their daughter’s death, they say they were promised – at the least – a jury trial. But with the San Francisco court dismissing the case earlier this month, the Langharts hopes of airing their nightmare before a jury deflated.
“We feel completely betrayed relative to trying to do something to protect other women’s lives and well-being,” said an emotional Karen Langhart.
The Langharts were presented with the option of joining a $100 million settlement. But they turned the offer down in 2014 because they felt the case was important enough that a jury should weigh in.
Their motivation was to raise public awareness concerning NuvaRing. Since then, at least 95 percent of around 3,800 cases resulted in a settlement agreement, leaving the Langharts largely alone.
They say the lawyers who promised them a jury trial – specifically naming senior partner Marc Bern at Napoli Bern Ripka Shkolnik – abandoned them when they refused the settlement. The Langharts were left largely to defend themselves against one of the largest U.S. drugmakers.
Calls and emails to Bern were not returned on Monday. Calls to his law firm for comment were directed to Bern. Calls to an attorney representing Merck also went unreturned. A spokeswoman for Merck pointed to a 2014 statement on the NuvaRing issue.
Merck released a statement last year after reaching the $100-million settlement, in which the company did not admit wrongdoing. It pointed out that labeling includes statements about the increased risk of serious cardiovascular events, and that there is a risk of blood clots for new users.
“There is substantial evidence to support the safety profile and efficacy of NuvaRing,” Merck stated. “We encourage women to work jointly with their health care providers to discuss the benefits and risks of any contraceptive method before choosing an option that is right for them. ... We stand behind the research that supported the approval of NuvaRing, and our continued work to monitor the safety of the medicine.”
The legal battle against Merck appeared to be gaining steam after a 2013 investigation by Vanity Fair revealed health concerns with NuvaRing. The report featured the Langharts. CNN’s “Anderson Cooper 360” also dedicated part of a segment to the dangers of NuvaRing in April of this year, though that was after many of the lawsuits had been settled.
The lawsuit against Merck was complicated by a move by the U.S. Food and Drug Administration in 2013, which changed the NuvaRing label, but stopped short of including a stricter warning. If the label didn’t require a tougher health warning following Erika Langhart’s death, then it didn’t need one before her passing, attorneys argued, paving the way for a dismissal.
The Langharts had strong words for the legal system – including the lawyers who defended Merck – offering a blistering statement to the court on Sept. 10, just before the case was dismissed. They pointed to other families who lost loved ones, allegedly as a result of NuvaRing.
Erika Langhart herself was pursuing a career in law, having graduated magna cum laude from American University in Washington, D.C., and then quickly enrolling at Georgetown Law School. But the legal system that Karen and Rick Langhart witnessed frightened them.
“May God have Mercy on your souls for allowing, and helping, these tragedies to continue,” the statement read. “You are putting money and profits before the very lives of innocent young women. I do not know how you sleep at night, as I believe you will certainly, eventually, meet your deserved justice on your own judgment day.”
The Langharts moved to Arizona in early 2011, but raised Erika in Durango. They were a bit of a fixture in the Durango community.
Karen Langhart said all she and her husband can do to move on is to continue educating women on the possible dangers with NuvaRing and other hormonal contraceptives. Sales for NuvaRing actually increased after the settlement.
The Langharts have started a foundation, Informed Choice For AmErika, named in the memory of their daughter. The foundation recommends that women research risks before committing to a particular form of birth control.
“To have that happen to our daughter, and have that happen on top of it, it’s hard to get up in the morning,” Karen Langhart said of the case being dismissed.
“Our recourse now is to inform,” she added. “We know women who have become aware of the risk, and it changed their life.”
pmarcus@durangoherald.com
