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

CLEVELAND — An Ohio federal judge has ruled that the learned intermediary doctrine bars claims brought against the makers of birth control patch Ortho Evra because the plaintiff’s doctor testified that he read and understood the updated warnings before prescribing the patch.

However, in the March 24 order, Judge David A. Katz of the U.S. District Court for the Northern District of Ohio denied the drug makers’ motion for judgment on the pleadings as to the claims of manufacturing defect, breach of express warranty, negligent misrepresentation, California statutory deceit by concealment, and violations of California Business and Professions Code Sections …