State Law Claims Against Patch Makers Barred by Michigan Law, 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. Bower v. Johnson & Johnson, et al., No. 10-40001 (N.D. Ohio).

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

Melissa Bower, a Michigan resident, claims that her use of the …