Patch Plaintiff Seeks Use of Protected Documents for Damage Cap Challenge

CLEVELAND - A birth control patch plaintiff has moved a federal judge to refuse a protective order on documents produced in the Ortho Evra MDL so that she may adequately challenge the state's recently enacted cap on compensatory and punitive damages in state Supreme Court. In re Ortho Evra Products Liability Litigation, MDL Docket No. 1742 (N.D. Ohio).

Plaintiff Melisa Arbino sought the reprieve in briefs filed Oct. 18 in the U.S. District Court for the Northern District of Ohio, claiming that any protection afforded to the documents by the MDL court that prevent her from using them in the …