Johnson & Johnson Granted Summary Judgment on Infant's Claims

CLEVELAND - An Ohio federal judge has granted Johnson & Johnson's motion for summary judgment on claims that an infant sustained emotional injuries after his mother suffered a stroke that was allegedly related to her use of Ortho Evra. Garcia, et ux. v. Johnson & Johnson, No. 3:07-40135 (N.D. Ohio).

In a June 3 order, Judge David A. Katz of the U.S. District Court for the Northern District of Ohio explained that the infant was not a "being or entity capable of rights and obligations" at the time of the alleged injury because he was not yet conceived.

Garcia began …