Learned Intermediary Doctrine Defeats Ortho-Evra Failure-To-Warn Claims, Ohio Judge Rules

CLEVELAND — The learned intermediary doctrine defeats failure-to-warn claims brought against Ortho-McNeil Pharmaceutical Inc. (NYSE: J&J) in connection with its birth control patch Ortho-Evra because the prescribing healthcare professionals were aware of and warned the plaintiff of the risks.

On Nov. 5, Judge David A. Katz of the U.S. District Court for the Northern District of Ohio noted that Ortho-McNeil specifically warned healthcare professionals of blood clots in the patch’s package inserts and a Dear Healthcare Professional Letter.

Two certified nurse practitioners, Donna Cobb and Traci Speights, prescribed Ortho Evra to Sarah Miller in October 2006 and May 2007, respectively. …