Johnson and Johnson Settles Brown Ortho-Evra Patch Lawsuit
Settlement of $1.25 million for death of 14 year old
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On October 24, 2007, the maker of the Ortho-Evra Patch, Johnson & Johnson, agreed to settle a lawsuit for $1.25 million over the death of a teenager who used the company’s birth control patch.
Fourteen year old Alycia Brown suffered two blood clots in her lungs in May 2004 after several weeks of use of the Ortho Evra Patch.
The world’s largest manufacturer of health-care products, Johnson & Johnson, is facing more than 2,400 lawsuits from woman who used the patch. Many suffered strokes or developed clots in their legs or lungs after use of the patch.
The Brown settlement is the first to disclose an actual sum Johnson & Johnson will pay to avoid a trial that could have made public details of the company’s safety concerns over Ortho-Evra Patch since its debut in 2001.
In November 2005, the U.S. Food and Drug Administration (FDA) warned users that the patch may cause clots and expose women to 60 percent more estrogen than oral contraceptives. The patch works by delivering the hormones progestin and estrogen through the skin into the bloodstream. In February 2006, another study found a twofold increase in the risk of clots as compared to women who took birth control in pill form.
Alycia Brown’s attorney said, “They initially took the position that their conduct cannot be defended and there was low value to these cases.”
“Settlement is not an admission of fault or that the company caused the event,” said company spokeswoman Gloria Vanderham.
The Brown agreement was found in another pending lawsuit that involves 18-year-old Zakiya Kennedy. She died on April 2, 2004 after using the patch. Kennedy’s case would have been the first trial scheduled but court records show that a confidential settlement was reached.
The next scheduled trial is set for February 11, 2008 concerning the death of Ashley Lewis, who was 17 years old when she died in 2003.
Source: David Voreacos and Patricia Hurtado, “J&J Pays $1.25 Million to Settle Suit Over Death of 14-Year-Old,” Bloomberg.com, October 24, 2007.

