Orleans Parish woman sues claiming pulmonary embolism caused by birth control

By Michelle Keahey | Dec 2, 2013

NEW ORLEANS - An Orleans Parish woman has filed a lawsuit against a birth control manufacturer claiming she suffered a pulmonary embolism after a week of taking Aviane.

Kelicia Davis filed suit against Teva Pharmaceuticals USA Inc., Teva Pharmaceuticals Industries Ltd., Barr Pharmaceuticals LLC., and Barr Laboratories Inc. on Nov. 7 in federal court in New Orleans.

Davis was prescribed a new prescription of birth control medication Aviane on Oct. 30, 2012, the complaint states. She alleges that prior to this, she had been prescribed Azurette for birth control and had experienced no side effects. Approximately eight days after starting the new birth control, Davis, went to Ochsner Hospital for arrhythmia and was hospitalized for four days. According to the lawsuit, it was determined that her prescription, Aviane and/or generic levonorgestrel and ethinyl estradiol caused her to develop a pulmonary embolism.

Davis argues that the defendants were manufacturing, designing, and labeling an unsafe, defective and inherently dangerous product. The defendants are accused of violating the Louisiana Products Liability Act and pf negligence for allegedly failing to warn of the dangers of the drugs.

The plaintiff is seeking an award of damages for physical pain and mental anguish, diminished enjoyment of life, lifelong medical treatment, monitoring and medications, personal injuries, restitution, damages, interest, court costs, and attorney’s fees.

Davis is represented by New Orleans attorney Tonya S. Johnson and Jerry Settle. A jury trial is requested.

U.S. District Judge Carl J. Barbier is assigned to the case.

Case No. 2:13-cv-06365

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