Michigan Law Precludes Claims Against Patch Makers, Judge Rules

CLEVELAND - State-law claims brought against the makers of the Ortho Evra patch are barred under Michigan law because the patch is a drug approved by the Food and Drug Administration, an Ohio federal court has ruled. Borycz v. Johnson & Johnson, et al., No. 10-40001 (N.D. Ohio).

Judge David Katz of the U.S. District Court for the Northern District of Ohio ruled June 21 that the claims are barred by Michigan Compiled Laws § 600.2946 (1996), which precludes product liability actions involving FDA-approved drugs.

Meghan Borycz alleges that she was prescribed the Ortho Evra patch in November 2003 in …