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.



 February 13, 2020

Burg Simpson E-News: February 2020

Join Our Email List Complex Business and Commercial Litigation, Construction Defects, Dangerous Drugs & Medical Devices, Mass Tort, Class Action, Medical Malpractice, Personal Injury, and Workers’ Compensation FEBRUARY 2020 E-NEWS GOOD LAWYERS 5280 Magazine Recognizes Denver’s Top Lawyers for 2020 Burg Simpson Eldredge Hersh & Jardine is pleased to announce that Michael S. Burg , Peter W…. Read more »

 February 13, 2020

National Trial Lawyers Announces Top Lawyers for 2020!

National Trial Lawyers Announces the Top Lawyers for 2020! Burg Simpson is pleased to announce that the National Trial Lawyers Association has selected the Top 100 Attorneys and the Top 40 Under 40 Attorneys for 2020! The National Trial Lawyers Association is an invitation-only organization composed of the premier trial lawyers from each state or region… Read more »

 February 12, 2020

Mediation vs. Arbitration: Resolving Your Commercial Dispute

Mediation vs. Arbitration: Resolving Your Commercial Dispute Most commercial contracts have a provision stating that the parties will mediate disputes before taking the issue to arbitration or trial.  For those seeking to resolve a commercial dispute, it is important to know that litigation is typically expensive, time-consuming, public, and unpredictable. A trial’s outcome is always uncertain… Read more »

 February 11, 2020

Short-Term Healthcare Insurance & the Institutionalization of Post-Claims Underwriting

Jessica L. Derakhshanian and Shane C. Fulton, trial lawyers with Burg Simpson Eldredge Hersh & Jardine, recently published an article in the January edition of The Colorado Trial Lawyer’s “Trial Talk” entitled Short-Term Healthcare Insurance and the Institutionalization of Post-Claims Underwriting. The article provides a review of short-term health insurance regulation over the last decade… Read more »


 December 9, 2019

Settling Commercial Litigation Cases

An out-of-court settlement is a legally-binding agreement between the parties to a lawsuit that effectively puts an end to the legal matter. A settlement resolves all disputes inherent in the lawsuit, and results in dismissal of the claims filed in court.  Sometimes a settlement will contain a requirement that other court orders be entered effectuating… Read more »

Holding Pharmaceutical Companies Responsible – Mass Tort | Dangerous Drugs & Medical Devices

 November 12, 2019

Holding Pharmaceutical Companies Responsible – Mass Tort | Dangerous Drugs & Medical Devices

Burg Simpson’s Colorado mass tort attorneys have represented thousands of people who have suffered serious side effects after taking dangerous medications or those who have been hurt by a defective product.  If you have suffered injuries related to a defective drug or medical device, contact the Burg Simpson mass tort team at 303-790-2525.


 November 8, 2019

Bike Crash Safety Video – Burg Simpson Personal Injury

The personal injury attorneys at Burg Simpson help fellow bicycle enthusiasts understand how to protect their rights after a bike crash and stay safe on the roads. If you have been hurt in a bike crash and need help, reach out to us today by calling our office or filling out our online free case… Read more »

7th Annual Jeremy Bitner Memorial Run for the Fallen Officers Fund

 July 1, 2019

7th Annual Jeremy Bitner Memorial Run for the Fallen Officers Fund

The Jeremy Bitner Foundation was established in honor of Englewood Police Detective Jeremy Bitner. Detective Bitner lost his life in the line of duty on May 28, 2012, after being struck and killed by a vehicle while performing a traffic stop. Jeremy served the Englewood Police Department for 8 years and during that time was assigned… Read more »

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