ORTHO-MCNEIL CALLED 'CARELESS AND NEGLIGENT' IN PATCH LAWSUIT
Forty-three women have filed suit against Ortho-McNeil Pharmaceutical and McKesson alleging the companies misrepresented the known risks associated with the use of Ortho Evra, a birth control skin patch.
Ortho-McNeil, a Johnson & Johnson subsidiary, was "careless and negligent" in manufacturing, selling, advertising, promoting and marketing the patch, the suit states.
The plaintiffs are seeking damages based on claims of negligence and fraud. A 44th plaintiff, Denise Bracken-Hodge, is suing for her daughter's alleged wrongful death. Kelly Bracken used Ortho Evra, and her mother's lawsuit alleges Kelly died "as a result of the ingestion of the defendant's product."
Ortho manufactures prescription contraceptives and is the current market leader in oral and patch contraceptive products. McKesson packaged, distributed, supplied, sold, marketed and promoted the pharmaceutical Ortho Evra, the complaint states.