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

CLEVELAND — Failure-to-warn claims brought in an Ortho Evra birth control patch case are barred by the learned intermediary doctrine, an Ohio federal judge has ruled, finding the prescribing healthcare providers were aware of the drug’s risks and discussed them with the plaintiff.

On Nov. 5, Judge David A. Katz of the U.S. District Court for the Northern District of Ohio rejected the plaintiff’s assertion that the learned intermediary doctrine does not apply to birth control drugs, finding no case law to support this argument.

On March 31, 2009, Gena Hanhan was prescribed the Ortho Evra patch at the Teen …