STORY FROM: Drugs & Medical Devices

Mass. Appeals Court Upholds Summary Judgment Award to Ortho Evra Makers

BOSTON — A Massachusetts intermediate court has upheld an award of summary judgment to the makers of the Ortho Evra birth control patch, ruling that the warnings accompanying the device adequately warned the patient of the risk of blood clots.

On Sept. 21, the Massachusetts Appeals Court concluded that the drug makers fulfilled their duty to directly warn the patients of risks associated with Ortho Evra, noting that the insert clearly outlined in plain language the greater dose of estrogen, and the corresponding increased risk of adverse events, such as blood clots.

In June 2009, Adrianna Duffy and her mother ...

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Chaffin Luhana
Drinker Biddle

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