Ohio Federal Judge Awards Defendants Summary Judgment in Ortho Evra Case

CLEVELAND, Ohio — An Ohio federal judge has awarded Ortho-McNeil Pharmaceuticals Inc. summary judgment in an Ortho Evra patch lawsuit, ruling that the Mississippi Products Liability Act subsumes the plaintiff’s negligence claim because it is asserted against” the manufacturer or seller of a product.”

On Aug. 6, Judge David A. Katz of the U.S. District Court for the Northern District of Ohio also found for McNeil and McKesson Corp. on the plaintiff’s warranty and fraud claims, finding she did not rely on any statements made by the defendants in choosing to use the patch.

In 2008, Brandy Averhart, 16, went …