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

CLEVELAND — The Illinois learned intermediary doctrine defeats failure-to-warn claims brought against the maker of Ortho Evra because the prescribing doctor was adequately informed of the risks, but still chose to prescribe the birth control patch, an Ohio federal judge has ruled.

On June 25, Judge David Katz of the U.S. District Court for the Northern District of Ohio also ruled that the plaintiff’s strict liability and negligence claims are time-barred and that the two-year statute of limitations was triggered when she suffered a pulmonary embolism.

However, the judge allowed the plaintiff’s negligence, warranty and fraud claims to proceed, finding …