Leslie Nieder filed suit against Ortho-McNeil Pharmaceutical and Johnson & Johnson after her 17-year-old daughter, Adrianna Duffy, collapsed in her dorm room and died of a pulmonary embolism. The case alleged multiple causes of action related to Johnson & Johnson’s birth control patch, Ortho Evra. Following a hearing, the lower court judge upheld Johnson & Johnson’s motion for summary judgment and ordered the dismissal of the complaint. The Massachusetts Court of Appeals recently affirmed the lower court’s dismissal of the complaint.
In July 2008, Duffy and her mother met with Duffy’s pediatrician, Sara Nelson, at Massachusetts General Hospital’s Chelsea Clinic to discuss birth control options. Nelson recommended and prescribed an oral birth control. At some point thereafter, Duffy discontinued using birth control pills. In June 2009, Duffy decided she needed a new birth control method. Nieder and she met with Nelson to discuss options. Nelson prescribed the Ortho Evra patch after Duffy inquired about the patch as an easier method of birth control. (Unlike oral birth control pills, which must be taken at the same time each day, the patch is applied to the skin once per week for three weeks.)