A $100 million settlement involving NuvaRing, a birth-control device linked to sometimes-fatal side effects, will stand now that enough claimants have chosen to opt into the agreement.
U.S. District Judge Rodney W. Sippel of St. Louis approved the settlement in February, but NuvaRing maker Merck & Co. had the right to abandon the deal if less than 95 percent of claimants opted in.
Attorneys for the claimants and Merck said Thursday that the 95 percent threshold has been reached. St. Louis attorney Roger Denton, lead lawyer for those who sued, says about 3,800 claimants will share in the settlement.
The lawsuits allege faulty design and testing, and claim that potential hazards of the device were not adequately disclosed.
Merck says there is "substantial" evidence to show that NuvaRing is safe.