Organon presents oral pleadings in Implanon appeal

Netherlands-based drugmaker Organon, the Akzo Nobel unit being acquired by US drug major Schering-Plough, has presented oral pleadings as part of its appeal against the Dutch court's 2005 decision regarding the contraceptive rod Implanon (etonogestrel 68mg). The case was first brought against the firm and 13 general practitioners in 2002 by 15 women who became pregnant as a result of incorrect insertion of the product (Marketletters passim).

In June 2005, the Court in Hertogenbosch, the Netherlands, said in its first instance judgement that both Organon and the physicians in question were liable for the unintended pregnancies and that the burden of proof needed to allocate liability lies with the firm and the doctors.

Organon is arguing that, on the basis of the evidence available, incorrect insertion of the contraceptive rod was an accident, and is seeking reversal of the ruling.