Recent Ortho Evra Court Development

By Chris Sbrusch

October 23, 2009 – On October 20, 2009, the US District Court for the Northern District of Ohio conducted a status conference with lead counsel for Ortho Evra Products Liability Litigation MDL Docket number 1742. The previous dates (Doc. No. 377) regarding designation of cases regarding post label cases was modified as follows:

A. Designation of Post Label Cases
Each side is directed to designate eight (8) total cases for trial. Four (4) cases are to be designated involving the November 2005 label change and four (4) cases designated involving September 2006 label change. The categories of cases shall include (1) pulmonary embolism; (2) deep vein thrombosis; and (3) strokes. The designations to be made on or before November 16, 2009. Thereafter, each side shall have the right to exercise four (4) strikes on or before November 30, 2009. Fact discovery is to be completed on or before February 12, 2010.

B. Trial Date
The selected post label cases will be scheduled for trial commencing June 14, 2010.

C. Improvidently Filed Cases
The Court reiterates reserving its right to impose monetary sanctions regarding those post label cases filed where there exists no evidence of use and/or an event medically related to Ortho Evra.

D. Next Status Conference
The Court will schedule another status conference with lead counsel on March 2, 2010 at 9:00 a.m. in Florida.