Ortho McNeil Adequately Warned of Stroke Risk, Ohio Federal Judge Rules in Ortho Evra Case

CLEVELAND — An Ohio federal judge has awarded Ortho McNeil Pharmaceutical Inc. summary judgment on failure-to-warn claims in an Ortho Evra action, finding the package insert accompanying the birth control patch adequately warned of the risk of stroke.

On Sept. 26, Judge David A. Katz of the U.S. District Court for the Northern District of Ohio also dismissed the plaintiff’s remaining claims, ruling that they were inadequately pled.

Missouri resident Rachel Giffen was prescribed the Ortho Evra birth control patch in March 2007 by Planned Parenthood nurse practitioner Deborah Awoniyi-Obrimah. Giffen used the patch for one month and alleges that …