Link to FDA Study

NuvaRing® was approved by the FDA on October 3, 2001, and began distribution in 2002. In marketing NuvaRing® its manufacturers represented that NuvaRing® was the first and only once-a-month vaginal birth control ring, but with the same efficacy as daily birth control pills. However, the manufacturers of NuvaRing® inadequately tested NuvaRing® and failed to discover increased safety risks associated with its use.

NuvaRing® is a combination contraceptive vaginal ring that contains two active ingredients: etonogestrel and ethinyl estradiol. Etonogestrel is the active metabolite of desogestrel, which is classified as a third generation progestin. Studies concerning oral contraceptives that contain desogestrel and other third generation progestins report an increased risk of venous thromboembolism compared to second generation products. In its product label, however, the manufacturer of NuvaRing® states that it is unknown whether NuvaRing® increases the risk of venous thromboembolism.

Burg Simpson has a national reputation as a being a leader for plaintiffs and victims in personal injury litigation against large pharmaceutical companies. Therefore, if you or a loved one has used NuvaRing® and suffered from any of the following injuries, please call us today for a free case evaluation:

• Deep vein thrombosis (blood clot in a deep vein)
• Pulmonary embolism (blood clot in the lung)
• Heart attack
• Stroke
• Death

A Connecticut Superior Court Judge has rejected the arguments of credit rating giant Moody’s Investor Services that it is entitled to First Amendment protection in the fraud case being brought by hedge fund Pursuit Partners, LLC.

The Connecticut trial court judge, presiding over the Complex Litigation Docket, also ruled that Moody’s is not entitled to insulation from liability for those claims under either the Martin Act [NY] or the Credit Rating Agency Reform Act of 2006 (“CRARA”), rejecting Moody’s arguments as untenable in this case.

The Court’s ruling means that the Plaintiffs will have the opportunity to have a jury hold Moody’s accountable for its actions in court, and that Moody’s will not be able to hide behind these defenses at trial. In ruling on Moody’s Motion to Strike on March 8, the Court found that Pursuit Partners had properly stated claims against Moody’s and that Moody’s was not entitled to have the case dismissed on constitutional or preemption grounds.

This decision will now allow Burg Simpson’s client, Pursuit Partners, to move forward with claims of fraud, aiding and abetting, negligence/reckless conduct, civil conspiracy and violations of securities laws, in relation to the hedge fund’s lawsuit against the Swiss bank UBS AG and Moody’s. Pursuit has alleged that UBS and Moody’s conspired together to defraud Pursuit out of over $50,000,000 in the sale of RMBS CDOs. The case is scheduled for a jury trial to be conducted on the Complex Litigation docket starting January 8, 2013, in the Connecticut Superior Court sitting in Stamford, CT.

See: PURSUIT PARTNERS, LLC AND PURSUIT INVESTMENT MANAGEMENT, LLC. V. UBS AG, SECURITIES LLC, ROBERT MORELLI, MOODY’S CORPORATION, Fifth Amended Complaint, Case: D.N. X08 CV 08 4013452 S

In determining that Moody’s should not be able to avoid liability as asserted in the Motion to Strike, the judge rejected Moody’s claims that they are entitled to Constitutional protection under the First Amendment.

The Court found that the allegations made by Pursuit Partners “provide a sufficient factual basis to overcome the claim of constitutional protections of the First Amendment.” The Court also specifically ruled that Moody’s conduct, as detailed by Pursuit Partners in the Complaint, is beyond the conduct regulated by CRARA, and thus CRARA does not preempt the State law claims asserted by Pursuit in this lawsuit.

Michael S. Burg, lead counsel for the Plaintiffs in this action and the founding shareholder of Burg Simpson, said: “I am gratified that the Court denied Moody’s Motion to Strike. This legal maneuver is nothing more than Moody’s attempt to evade responsibility for their actions. The Order of the Court gives the Plaintiffs the opportunity to be heard on their very serious claims that Moody’s conspired together with UBS to defraud the Plaintiffs in the sale of these CDO’s.”

“This case is the best example I have seen,” said Mr. Burg, “of the greed on Wall Street. It demonstrates how the rating agencies worked together with investment banks to make windfall profits. And we all know the effect that had on our world’s economy.”

Mr. Burg indicated that the Plaintiffs are looking forward to their day in Court. “My clients welcome the opportunity for the jury to hear all of the evidence in this matter, and we are confident that justice will prevail. My clients need to be made whole.”

The trial is expected to last two months, and will include claims of fraud, violation of the Connecticut Securities Act, and other claims.

Case: D.N. X08 CV 08 4013452 S – PURSUIT PARTNERS, LLC AND PURSUIT INVESTMENT MANAGEMENT, LLC. V. UBS AG, SECURITIES LLC, ROBERT MORELLI AND MOODY’S CORPORATION, Superior Court, Judicial District of Stamford/Norwalk at Stamford, Memorandum of Decision Motion of Strike (Docket No. 347), March 8, 2012.

Burg Simpson Eldredge Hersh & Jardine, P.C., one of the United States’ leading plaintiff litigation law firms, is delighted to announce that 14 attorneys with the firm’s Colorado office have been selected for inclusion to the 2012 Colorado Super Lawyers and Rising Stars (the state’s young attorneys) lists. Specifically, Burg Simpson attorneys have been recognized for their outstanding work in the areas of personal injury, products liability, medical malpractice, and business litigation.

Only 5 percent of lawyers based within Colorado are selected for inclusion on the 2012 Colorado Super Lawyers list; where Rising Stars are limited to just 2.5 percent. Rankings are based on peer evaluations and a comprehensive review of an individual’s professional achievements, verdicts and settlements, clients, honors and awards.

Burg Simpson managing partner Kerry N. Jardine said, “The firm is proud to have so many attorneys named to this years’ Super Lawyers and Rising Stars lists. When you consider all of our offices, we now have total of 17 Super Lawyers or Rising Stars in the firm, five more than in 2011. We are proud of our results and humbled that so many of our clients, and peers within the legal professional have seen fit to recognize our attorneys’ achievements.”

Mr Jardine continued, “Anyone hiring a Burg Simpson lawyer can be confident that their attorney will always act in their clients’ best interests, and that he or she has the appropriate skill, experience and resources to successfully handle their case.”

Further information on each of the Burg Simpson lawyers selected for inclusion to the 2012 Colorado Super Lawyers and Rising Stars lists can be found in the April 2012 issue of 5280 Magazine or at http://www.burgsimpson.com.

With offices in Denver, Steamboat Springs, Cody, Cincinnati and Phoenix, Burg Simpson Eldredge Hersh & Jardine, P.C. is a firm of award winning trial lawyers with more than 37 years’ experience in obtaining justice for individuals and their families seriously injured by the careless or intentional actions of others.

Burg Simpson lawyers named to 2012 Colorado Super Lawyers list:

Michael S. Burg
Peter W. Burg
David P. Hersh
Scott J. Eldredge
Kerry N. Jardine
Holly B. Kammerer
David K. TeSelle
Seth A. Katz
George E. McLaughlin

Burg Simpson lawyers named to 2012 Colorado Rising Stars list:

Sarah Van Arsdale Berry
Daniel E. McKenzie
Meghan C. Quinlivan
Stephen J. Burg
Reeves D. Whalen

Mass Tort Litigation

The answer may be Mass Tort Litigation. Mass Tort Litigation is an ever-growing area of the law made necessary by advances in the mass production of products. When companies make mistakes that injure others, the law allows an injured person to prove that a “tort” has occurred and that they should receive compensation for their injuries. Simply put, a “tort” is harm to a person or property caused by another.

A “mass tort” is the same thing—but on a grand scale. For example, when a drug manufacturer or medical devices manufacturer sells a product which injures a large number of people, each injured person brings an individual action for their injuries. In a mass tort litigation, these individual actions are combined to resolve common issues and to conduct discovery against the company.

We have the experience, reputation and resources to take on mass tort litigation

Litigation can be confusing and overwhelming. That’s why we take care of everything for our clients. We compile your record, consult experts, file lawsuits, negotiate settlements, and try cases. When you need help, we have the strength, the resources, theme; knowledge and the experience to work through the complexities of Mass Tort Litigation.

National Leaders With Over $1 Billion in Verdicts & Settlements

For the last 15 years, Simpson Kepler Edwards attorneys have been national leaders in mass tort and dangerous drug litigation in the United States. Federal judges have appointed numerous Simpson Kepler Edwards attorneys to lead some of the nation’s most high-profile drug and pharmaceutical litigation claims. We have successfully represented thousands of individuals and obtained more than $1 billion in settlements and verdicts on behalf of our clients.

If you or a loved one has been seriously injured as a result taking prescribed medication, or suffered adverse side effects, Simpson Kepler Edwardscan help. Call us toll-free at307-527-7891 or fill out our contact form to schedule a free, no-obligation consultation.

In addition to identifying seven Burg Simpson lawyers as leaders in their field, the firm also earned Metropolitan First-Tier Ranking in Colorado and Wyoming for its work in the areas of: Mass Tort Litigation/Class Actions, Family Law, Non-Profit/Charities Law, Real Estate Law, Trusts & Estates Law. The full list of Burg Simpson honorees were as follows:

Colorado

• Michael S. Burg
  Mass Tort Litigation – Plaintiffs, Class Action, Personal Injury, Pharmaceutical, Product Liability
• Peter W. Burg
  Mass Tort Litigation – Plaintiffs
• Scott J. Eldredge
  Medical Malpractice Law
• Kerry N. Jardine
  Mass Tort Litigation – Plaintiffs
• John M. Restaino, Jr.
  Mass Tort Litigation – Plaintiffs Personal Injury Pharmaceutical, Toxic Tort

Wyoming

• Charles G. Kepler
  Energy Law Natural Resources Law, Non-Profit/Charities Law, Real Estate Law – Tax, Trusts and Estates – Estate Planning, Nonprofit Organizations and Charitable Giving
• Colin M. Simpson
  Family Law

Metropolitan First-Tier Rankings

• Colorado
  Mass Tort Litigation / Class Actions – Plaintiffs
• Wyoming
  Family Law Non-Profit/Charities Law, Real Estate Law, Trusts & Estates Law

With offices in Englewood, Cody, Cincinnati and Phoenix, Burg Simpson Eldredge Hersh & Jardine, P.C., is a firm of award winning trial lawyers with more than 30 years’ experience in obtaining justice for individuals and their families seriously injured by the careless or intentional actions of others.

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