Ohio Federal Judge Grants Ortho Evra Makers Summary Judgment on Remaining Claims

CLEVELAND — An Ohio federal judge has granted the makers of the Ortho Evra birth control patch summary judgment on the plaintiff’s remaining claims of defective design, negligence and breach of implied warranty, finding they are federally preempted because the product is FDA approved.

In the Jan. 5 order, Judge David A. Katz of the U.S. District Court for the Northern District of Ohio also found the plaintiff failed to adequately plead her claims of breach of express warranty.

New York resident Stephanie Yates sued Ortho-McNeil Pharmaceutical Inc., Alza Corp., Johnson & Johnson Pharmaceutical Research and Development LLC, and Johnson …