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Drug & Device News
Ortho-Evra Patch User's Damages Limited by Ohio Tort Reforms
In the case of Arbino v. Johnson & Johnson, '- N.E.2d ”, 2007 WL 4569719 (Ohio,2007), decided on Dec. 27, 2007, Ohio's Supreme Court upheld the constitutionality of the State's law limiting recoveries for certain tort-caused injuries. The question concerning the constitutionality of the caps was certified to the State's highest court by the U.S. District Court for the Northern District of Ohio, which will be hearing the case in which a plaintiff claims pharmaceutical manufacturer Johnson & Johnson and others are responsible for the blood clots and other injuries she claims to have suffered due to her use of the Ortho Evra hormonal birth-control patch. The complaint contained challenges to the constitutionality of four tort-reform statutes implemented by Am.Sub.S.B. No. 80 of the 125th General Assembly (S.B. 80) that went into effect on April 7, 2005.
The law in Ohio limits noneconomic damages to the greater of: 1) $250,000; or 2) three times the economic damages up to a maximum of $350,000, or $500,000 per single occurrence. These limits do not apply, however, if the plaintiff suffers permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ system or permanent physical functional injury that permanently prevents the injured person from being able to independently care for him- or herself and perform life-sustaining activities. The Arbino plaintiff cannot claim these types of injuries, and will thus be limited to the damages imposed by statute.
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