Ortho Evra Federal Lawsuit Non-economic Damages Rejected
In a response to a closely watched federal lawsuit stemming from the Ortho Evra birth control patch, the Ohio Supreme Court upheld a 2004 law capping damages for pain, suffering and other non-economic claims in personal injury cases. This particular case involves Melisa Arbino who suffered a series of potentially fatal blood clots in her brain and lungs in 2005. Arbino maintains the clots were the result of her use of the Ortho Evra birth control patch. She is one of the fortunate ones. There have been a number of deaths in young woman who have used the patch. Ortho Evra is still being prescribed, but its label has been modified to inform users of the potentially serious side effects. Fortunately, the law does not limit damages in catastrophic cases involving paralysis or loss of limb and also does not limit economic damages. The Supreme Court decision does not bode well for victims of Johnson & Johnson’s irresponsible choice to withhold valuable and informative research studies on the effects of the Ortho Evra patch and its users.
