Ortho Evra Press Article Excerpt

December 30, 2007

Dayton Daily News (Ohio), "High court's ruling to have lasting impact in Ohio"

The Ohio Supreme Court's decision to uphold a law limiting the money damages that can be awarded in pain-and-suffering lawsuits could discourage people from pursuing those lawsuits and eliminate a deterrent for companies to fix defective products, trial lawyers said. The issues were raised by Melisa Arbino, a suburban Cincinnati woman who sued Johnson & Johnson Pharmaceutical Co. in Toledo federal court claiming she suffered brain and lung blood clots from using a hormonal birth control product known as the Ortho Evra birth control patch.

The lawsuit, which Johnson & Johnson is fighting, could go to trial in June 2008. The federal court asked the Ohio Supreme Court to rule on Arbino's claims because they involved the Ohio Constitution. The Ohio ruling could discourage similar lawsuits because it is costly and time-consuming to prepare such cases, including hiring experts to testify in court, and plaintiffs might be concerned that they couldn't afford to pursue the claims.

Arbino's attorney said she is considering whether to ask the Ohio Supreme Court to rehear the case, or present similar arguments in federal court by raising U.S. constitutional issues.

Learn more about Ortho Evra dangers and injury lawsuits against Johnson & Johnson over the birth control patch.

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Additional Lieff Cabraser Information: Lieff Cabraser Heimann & Bernstein, LLP, with offices in San Francisco, New York and Nashville, is one of the largest law firms in the United States that represents only plaintiffs. We have been nationally recognized for our representation of victims of dangerous and defective medical products. We are representing Ortho Evra birth control patch patients in individual peronal injury lawsuits.

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