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

CLEVELAND — The learned intermediary doctrine defeats a New York woman’s claims that she was inadequately warned of the risk of stroke associated with use of the Ortho Evra birth control patch, an Ohio federal judge has ruled.

On April 7, Judge David A. Katz of the U.S. District Court for the Northern District of Ohio ruled that the package insert at the time the plaintiff was prescribed the patch adequately warned her prescribing healthcare provider of the risks.

New York resident Stephanie Yates sued Ortho-McNeil Pharmaceutical Inc., Alza Corp., Johnson & Johnson Pharmaceutical Research and Development LLC, and Johnson …