Ortho Evra Lawsuit

Birth control refers to devices, products, or substances that are used to prevent conception and pregnancy. The term birth control usually refers to medical pulls that are ingested by a female to regulate the hormones that are related to reproduction.

• The term, however, is also very broad and may include other devices and methods of preventing pregnancy, including:
• Implants and other medical devices that are used to regulate hormones;
• Medical birth control injections such as Depo-Provera;
• Medical devices that create a physical barrier to conception, for example, Essure, Mirena IUD, and other similar IUD devices;
• Medical surgeries that alter an individual’s reproductive ability, including male vasectomy;
• Any other devices or drugs that are intended to change an individual’s body chemistry and prevent an unwanted pregnancy.

What Is Ortho Evra?

Ortho Evra is one type of hormonal birth control. It is a patch that women wear on their bodies and replace once a week to prevent pregnancy.

Ortho Evra can interact with anticonvulsant medications, as estrogen can be a proconvulsant. Currently, it is not subject to a drug recall.

What Are the Risks Associated With Using Ortho Evra?

The majority of the side effects that are associated with Ortho Evra are not considered serious and do not frequently occur. There are, however, serious risks that may be life-threatening, including:

• Blood clot;
• Stroke;
• Heart attack.

These risks are increased if the user smokes cigarettes. Smoking cigarettes increases the risk of serious cardiovascular side effects, especially for women over the age of 35.

What Are the Side Effects of Using Ortho Evra?

The most common side effects associated with using Ortho Evra occur in a small percentage of women and include:

• Nausea;
• Vomiting;
• Application site reaction;
• Breast symptoms;
• Headaches;
• Mood swings.

Who Should Not Use Ortho Evra?

There are certain individuals who should not use Ortho Evra, including women who are pregnant or think they may be pregnant. In addition, women who have had any of the following conditions should not use Ortho Evra:

• A history of heart attack or stroke;
• Blood clots in the:
  • legs;
  • lungs; or
  • eyes;
• A history of blood clots in the deep veins of the legs;
• Chest pain;
• Known or suspected breast cancer;
• Cancer of the lining of the uterus, cervix, or vagina;
• Unexplained vaginal bleeding;
• Hepatitis or yellowing of the whites of the eyes or of the skin during pregnancy or during previous use of hormonal contraceptives;
• A liver tumor;
• Severe high blood pressure;
• Diabetes with complications of the:
  • kidneys;
  • eyes;
  • nerves; or
  • blood vessels;
• Headaches with neurological symptoms;
• Disease of heart valves with complications;
• The need for a prolonged period of bed rest following major surgery; and
• An allergic reaction to any ingredient used in Ortho Evra.

Should I Not Take Ortho Evra if I am Taking Other Medications?

There are certain drugs that may interact with the Ortho Evra patch, which can make it less effective in preventing pregnancy and cause an increase in breakthrough bleeding. Examples of drugs that may interact with the patch include:

• Rifampin;
• Drugs for epilepsy, such as barbiturates and anticonvulsants;
• Certain drugs used in the treatment of HIV/AIDS;
• Herbal products containing St. John’s Wort.

What Are Some Legal Issues Associated With Birth Control Claims?

There are many legal issues that may be associated with the use of birth control methods and devices. Some of the more common legal issues associated with birth control may include, but are not limited to:

• Faulty or defective products: Under product liability laws, birth control products may contain either a design defect or a manufacturing defect;
  • A design defect is a product defect that affects how a product is initially designed to work that renders the product inherently unsafe to the consumers to whom the product is sold;
    • For birth control devices, such as an IUD, if they were intended to prevent unwanted pregnancies but instead just result in blood clots, that would be a design defect;
  • A manufacturing defect is a defect that results from how the product is put together or assembled. In most manufacturing defects, before and up to the point of assembly, there is nothing defective about the product. Then, the product becomes defective during the assembly process due to some mistake or incorrect assembly;
    • For example, consider that during the manufacturing of a condom, harmful bacteria was present on the assembly line, and that bacteria resulted in injuries to consumers who used the product for contraception. In that case, the seller, manufacturer, or distributor may be held liable for the injuries that the user suffered;
• Medical malpractice: Medical malpractice is a civil wrong that occurs when a doctor or other medical professional is responsible for an injury to a patient by falling below the standard duty of care that is required;
  • In the case of birth control, a medical professional who incorrectly performed a birth control procedure may be held liable under medical malpractice laws;
• Pharmaceutical errors: A pharmacy that gives an individual the wrong birth control that results in any unwanted changes to their body may be held liable for that mistake; and
• False advertising: False advertising falls under product liability laws. Advertising a contraceptive to be 100% effective or failing to state certain side effects may result in liability to the company that advertised the birth control method or device.

What Are the Legal Remedies I Can Recover From Ortho Evra Injuries?

There are several remedies that an individual may be able to recover in a lawsuit for injuries they suffered due to the use of a contraceptive. Typically, the remedies that are available will depend on:

• The laws of the jurisdiction;
• The facts of the case;
• The severity of the injuries that the plaintiff sustained after using the contraceptive.

Common examples of legal remedies that injured parties may collect include:

• A compensatory damages award to cover any medical expenses that a plaintiff was forced to pay out of pocket to treat their injuries;
• Damages to pay for legal costs, such as attorneys’ fees and administrative court costs, which would not have occurred if the plaintiff had not suffered injuries due to using the contraceptive product at issue;
• An award for punitive damages in a case where an injured individual can prove that a medical professional caused them intentional harm or was grossly negligent when prescribing or inserting a contraceptive product;
• A full refund in the amount that they paid for the contraceptives that caused them to suffer harm;
• A court order demanding the manufacturer recall the contraceptive product or fix the defect in the product so that it no longer causes harm.

Do I Need a Lawyer if I Have Been Using the Ortho Evra Birth Control Patch?

If you have been injured as a result of using the Ortho Evra patch, it is important to consult with a class action lawyer who has experience with cases involving unsafe drugs.

It is important to consult with your lawyer as soon as possible, as there is a statute of limitations or time limit on filing your claim, which is typically two years. If the same drug has injured many individuals, you may be able to join a class action lawsuit.