Warning Claims Tossed in Ortho-Evra Suit; Provider Was Familiar With Stroke Warning

The makers of Ortho-Evra won’t have to face warning-based claims in a suit by a young woman who alleged the contraceptive patch caused her stroke, after a federal district court found April 7 the product warning explicitly conveyed that risk, and the plaintiff’s provider testified she was familiar with the warning language (Yates v. Ortho-McNeil_Janssen Pharm., Inc., N.D. Ohio, 1:09-oe-40023-DAK, 4/7/14).

Even if the plaintiff, then a minor, couldn’t have given consent to use Ortho-Evra, the facts establish that her mother consented to the daughter’s use, the U.S. District Court for the Northern District of Ohio said. ...