Design Defect Claim to Proceed in Pain Patch Case

CINCINNATI - An Ohio federal judge has allowed a design defect claim to proceed against the makers of a fentanyl patch in a wrongful death case, ruling that it was properly alleged under Ohio law. Miller v. Alza Corp., No. 08-402 (S.D. Ohio).

On Dec. 17, Judge Timothy S. Black of the U.S. District Court for the Southern District of Ohio found that the plaintiff's allegation that the risks of the patch's reservoir design outweigh its benefits "sufficiently asserts a defective design claim under O.R.C. § 2307.75."

However, the judge granted the drug maker defendants summary judgment on the failure-to-warn …