6th Cir. Upholds Award of Summary Judgment to Makers of Ortho Evra on Warning, Design Defect Claims

CINCINNATI — A federal appeals court has upheld an award of summary judgment to the makers of Ortho Evra, ruling that the plaintiff’s claims of failure to warn, defective design, negligence and breach of warranty are either preempted or fail on their merits.

In a Dec. 11 opinion, the 6th Circuit U.S. Court of Appeals found that the risk of stroke was adequately communicated to the plaintiff’s prescribing healthcare provider and therefore the claims fail under New York law. The court further found the design defect claim is preempted because defendants were prohibited from making major design changes to the …