Learned Intermediary Doctrine Does Not Defeat Strict Liability Failure-To-Warn Claims, Ohio Judge Rules

CLEVELAND — The Oregon learned intermediary doctrine does not defeat strict liability failure-to-warn claims brought against Ortho McNeil Pharmaceutical Inc. in connection with its Ortho Evra birth control patch, an Ohio federal judge has ruled.

On April 19, Judge David A. Katz of the U.S. District Court for the Northern District of Ohio explained that the Oregon Supreme Court has ruled that the state’s product liability statute does not create a defense to strict liability based on the doctrine.

Ashley Rachunok, a minor, allegedly experienced a pulmonary embolism as a result of using Ortho Evra, which she was prescribed …