Learned Intermediary Doctrine Defeats Ortho Evra Warning Claims, Ohio Judge Rules

CLEVELAND — Minnesota’s learned intermediary doctrine defeats failure-to-warn and design defect claims asserted against the makers of Ortho Evra, an Ohio federal judge has ruled, finding the defendants fully disclosed the drug’s risks to the plaintiff’s doctor.

Judge David Katz of the U.S. District Court for the Northern District of Ohio further ruled that because the plaintiff did not read the warnings accompanying the birth control patch, she cannot show the defendants committed breach of warranty or negligent misrepresentation.

Minnesota resident Tash Casso was first prescribed the FDA-approved Ortho Evra birth control patch in June 2005 and used it until …