Forty-three women, formerly users of the Ortho Evra birth control patch, are claiming that the contraceptive should be withdrawn from the market because it poses a major risk of birth control patch side effects.

In a mass action suit filed in California State Court, the women allege that the Ortho Evra birth control patch caused them serious side effects, such as blood clots. The suit also claims that the patch, one of the most popular forms of contraception in the United States, is responsible for at least one death from Ortho Evra side effects.

These 43 past users of the Ortho Evra birth control patch are taking legal action against Ortho-McNeil, maker of the contraceptive. McKesson Corp., distributor of Ortho Evra, is also being accused of marketing the drug without investigating its possible birth control patch side effects.

According to a study conducted by the Food and Drug Administration, Ortho Evra, the birth control patch available by prescription since 2001, doubles the risk of blood clots in a woman’s lungs and legs. “This product should not be on the market,” says Ortho Evra attorney Shawn Khorrami. “When you put out a product that gives women more hormones than they need, you’re increasing their risk of developing those ailments.”