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Our Offices
40 Inverness Drive East
Denver, CO 80112
Phone: 303.792.5595
Fax: 303.708.0527
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Phone: 307.527.7891
Fax: 307.527.7897
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Phone: 513.852.5600
Fax: 513.852.5611
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Phone: 972.934.1313
Fax: 972.231.3983
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News Briefs
Burg Simpson Files Suit on Behalf of a Colorado Woman Who Suffered a Pulmonary Embolism and Deep Vein Thrombosis Caused by the Ortho Evra Birth Control Patch
November 16, 2006 - Burg Simpson Eldredge Hersh & Jardine, P.C., announced today that it has filed a lawsuit against Johnson & Johnson, the makers of the Ortho Evra birth control patch, on behalf of a Colorado woman who suffered a pulmonary embolism and deep vein thrombosis due to her use of the Ortho Evra birth control patch.
At the age of 31, the plaintiff began using the Ortho Evra birth control patch in April of 2004. After 9 months of use, she was hospitalized and diagnosed with a pulmonary embolism and a deep vein thrombosis on December 25, 2004. As a direct result of the deep vein thrombosis and bilateral pulmonary emboli she suffered while using Ortho Evra, the plaintiff is precluded from using any hormone therapy treatment for contraception and she is more inclined to experience future medical complications as a result of the injuries sustained during the use of the Ortho Evra birth control patch. Additionally, the plaintiff has been told by her physicians that the tissue in the left lower lobe of her lung has been damaged from the pulmonary emboli she suffered while using Ortho Evra and she may experience risk of infection in that lung in the future.
The Ortho Evra birth control patch became commercially available in 2002 and has been prescribed to more than 4 million women since its launch. The Patch was marketed to consumers as providing the same safety profile and efficacy as the birth control pill in preventing pregnancy, but with more convenience than birth control pills because it is worn on the skin for three consecutive weeks, with the fourth week being "Patch free."
On September 20, 2006, Johnson & Johnson admitted in its revised product labeling that women on the Patch may be at greater risk of developing blood clots in the lungs and legs than women using birth control pills. In fact, a study sponsored by Johnson & Johnson indicates that the Patch may expose women to a doubling of the risk of blood clot injuries. On November 10, 2005, Johnson & Johnson announced a change in the Ortho Evra warning label to disclose that women who use the Patch are exposed to approximately 60% more estrogen than those using an oral hormonal contraceptive. This increased exposure to estrogen makes the Patch comparable to the high-dose estrogen forms of the Pill that the FDA required to be removed from the market in 1988.
Plaintiff alleges that at the time of use of Ortho Evra, Johnson & Johnson knew or should have known that the use of the Patch created an increased risk to consumers of serious personal injury, including stroke, pulmonary embolism, blood clotting, and even death. Johnson & Johnson's knowledge of the risks involved with using the Ortho Evra birth control patch and their failure to warn consumers solidifies their reckless disregard for the safety of the women using Ortho Evra.
Burg Simpson attorneys, Michael Burg and Janet Abaray, have been appointed as the lead counsel for the nationwide multidistrict litigation brought against Johnson & Johnson. Burg Simpson is investigating numerous cases and preparing to file more cases in upcoming weeks.
