Ohio Federal Judge Awards Ortho Evra Maker Summary Judgment on Fraud, Concealment Claims

CLEVELAND — An Ohio federal judge has awarded the makers of the Ortho Evra summary judgment on fraud claims, ruling that because the plaintiff never communicated with defendants regarding the birth control patch before it was prescribed to her, she could not have been fraudulently induced into using the product.

Plaintiff’s admission that she had never heard of Ortho Evra before it was prescribed to her defeats claims that she relied on defendants’ allegedly fraudulent statements, Judge David J. Katz of the U.S. District Court for the Northern District of Ohio ruled in an Oct. 9 order.

California resident Diana …