Colorado Dangerous Drugs & Medical Devices

Ortho Evra birth control patch

Burg Simpson is not currently pursuing new Ortho Evra birth control patch cases.

Burg Simpson has been at the forefront of the Ortho Evra litigation for several years, with multiple attorneys leading the litigation and discovery efforts.

Michael S. Burg, Burg Simpson founder and President, and Janet G. Abaray, Burg Simpson shareholder, were appointed as co-lead counsel for all cases in Federal Court in the national Multidistrict Litigation, by the Hon. David Katz.

Seth A. Katz, Burg Simpson shareholder, served as a leader of the litigation Discovery Committee. Mr. Katz was also elected as Co-Chair of the Ortho Evra American Association for Justice Litigation Group.


In April 2002, Johnson & Johnson introduced the Ortho Evra Birth Control Patch, which it promoted as being more convenient than “the Pill,” due to once weekly application for three consecutive weeks. Unlike traditional oral birth control, which undergoes first-pass metabolism in the liver, the progestin and estrogen in the Patch are released directly into the bloodstream.

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.” The aggressive marketing campaign, often describing Ortho Evra as “the Pill in a Bandaid,” resulted in sales of more than $424 million in 2005, based on 9.3 million prescriptions.

However, in November 2005, Johnson & Johnson revised its labeling for Ortho Evra, disclosing for the first time that the Patch exposed women to 60% more estrogen than a 35 microgram birth control pill. Because higher estrogen levels are known to increase the risk of blood clots, which can cause deep vein thrombosis, pulmonary embolism, as well as heart attacks, strokes and even death, the revised label proves that the Patch poses far more danger to women than the Pill.

In fact, 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.

On September 20, 2006, Johnson & Johnson once again changed the Ortho Evra label and admitted in its revised product labeling that women on the Patch may be at more than twice the risk of developing blood clots in the lungs and legs as women using 35 microgram birth control pills. The data indicating a doubling of the risk of serious blood clots arose from a study sponsored by Johnson & Johnson.

In 2004, about a dozen women, mostly in their teens and early 20’s, died from blood clots believed to be related to their use of Ortho Evra. Dozens more survived strokes and other blood clot related events. The first death known to be associated with Ortho Evra occurred in April 2005, when an 18-year old Manhattan woman collapsed and died in a New York subway station.


 June 12, 2019

Burg Simpson to Sponsor the 7th Annual Jeremy Bitner Memorial Run!

Burg Simpson is proud to sponsor the 7th annual Jeremy Bitner Memorial Run. The Jeremy Bitner Foundation was established in honor of Englewood Police Detective Jeremy Bitner after he lost his life in the line of duty in 2012. Burg Simpson shareholder Nick Fogel, the practice group leader of the firm’s workers’ compensation department, helped to develop the… Read more »

Ohio Attorney Kenneth Daly hero image

 May 23, 2019

Kenneth M. Daly Now Licensed to Practice in the State of Kentucky

Kenneth M. Daly Now Licensed to Practice in the State of Kentucky Kentucky Just Got Lucky! Burg Simpson is pleased to announce that Kenneth Daly, an attorney in the firm with an established practice in Ohio, recently passed the Kentucky bar. Kenneth is excited about the opportunity to expand his practice to include the citizens of… Read more »

Ohio Attorney Melanie S. Bailey hero image

 May 22, 2019

Melanie S. Bailey Published in Cincinnati Bar Association Report

Melanie S. Bailey Published in Cincinnati Bar Association Report Melaine S. Bailey authored an article published in the CBA Report regarding the ability of consumers to hold drug manufacturers liable for failure to warn of adverse reactions to prescription medications. In the article, Brand Name Drug or Generic Drug: Generic may foil your client’s failure to warn… Read more »

Swearing In Ceremony

 May 15, 2019

Burg Simpson Congratulates Ms. Jessica Powell, Esq.

Burg Simpson Congratulates Ms. Jessica Powell, Esq. Congratulations to Jessica Powell on her admission to the practice of law in the State of Ohio! Ms. Jessica Powell, an associate at Burg Simpson in Cincinnati, OH, was sworn in at the Admissions Ceremony on May 13, 2019. Pictured is Ms. Jessica Powell at the Admissions Ceremony. Jessica… Read more »

The 2019 Burg Simpson Scholarship Awards Dinner

 May 7, 2019

The 2019 Burg Simpson Scholarship Awards Dinner

The 2019 Burg Simpson Scholarship Awards Dinner was held at Maggiano’s on April 25th to recognize the ten winners of the firm’s annual scholarship competition. The firm’s founder Michael Burg, and shareholders Peter Burg and Stephan Marsh presented awards to the 2019 winners! This year’s recipients included Ms. Madison Frotten, Mr. Dale Kim, Ms. McKenna… Read more »

Burg Simpson | Workers’ Compensation

 April 17, 2019

Burg Simpson | Workers’ Compensation

Shareholder Nick Fogel is the practice group leader of the Workers’ Compensation division at Burg Simpson. Workers’ Compensation is a form of insurance that protects employees when they are injured on the job or in the line of duty. Workers’ compensation provides both wage replacement and medical benefits. Filing a workers’ compensation claim can be… Read more »

Burg Simpson | We Are Here To Help

 April 5, 2019

Burg Simpson | We Are Here To Help

Burg Simpson is a law firm committed to helping injured people rebuild their lives after a serious accident or injury. Our trial lawyers have handled nearly every kind of injury or wrongful death case. The team at Burg Simpson has the resources, nationwide reputation, or proven track record of success when it comes to helping… Read more »

Becoming Whole Again

 April 4, 2019

Becoming Whole Again

If you or a loved one has suffered a loss due to an injury or death because of the negligence of another, you are entitled to receive full and fair compensation for your pain and suffering. Burg Simpson’s office in Arizona can help you navigate your personal injury claim. Burg Simpson attorney, Scott A. Ambrose… Read more »

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