Ortho Evra Birth Control Patch Costing Consumers And J&J
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It’s hard to believe it is still on the market.
Johnson & Johnson has paid about $69 million to settle hundreds of lawsuits by women use used the Ortho Evra birth-control patch. Still to be heard, thousands of complaints that have been filed in federal and state courts. Many of the cases have been consolidated in Toledo, Ohio.
Unlike the birth control pill, the Ortho Evra patch is placed on a woman’s body and exposes her to an estimated 60 percent more estrogen than with birth control pills. Estimates are all over the board, but with at least 30-38 micrograms of estrogen delivered daily, the patch is linked to serious injuries including pulmonary embolisms; deep vein thrombosis (DVT); heart attacks and ischemic strokes.
Just before the Diana Levine v. Wyeth case went before the U.S. Supreme Court in early November, the number of settlements reportedly increased.
No one knows whether the highest court will side with consumers and allow them to continue to take their grievances to court, or side with Wyeth and agree with the company that an FDA-approval means they are bulletproof from litigation. The Levine case decision has not been issued and will likely be ruled on next term. If the latter decision is reached, many lawsuits such as the ones against J & J will be pre-empted.
With so much at stake, and at least 40 deaths linked to its use, it’s incomprehensible that the company still markets the Ortho Evra patch. J & J knows that the FDA does not currently have the funding or manpower to more thoroughly police the drug companies, imported foods and medical devices. Just look at the recent past of Vioxx (arthritis), Rezulin (diabetes), Propulsid (heartburn).
Lawsuits remain the last line of defense against companies that show a disregard for the public and take advantage of a regulatory system that largely lets them police themselves.
If the court rules against Diana Levine and for Wyeth, expect that the court will be giving a get-out-of-jail free card for drug makers who act recklessly toward the patients who they are supposed to be helping. #