Ortho Evra Named in Suit Filed by Johnson & Johnson Exec.

Christina Cole
Contributor
Posted by Christina ColeDecember 30, 2006 6:02 PM

In a civil complaint filed by Dr. Joel S. Lippman, he alleges he was unlawfully terminated on May 15, after being employed by Johnson & Johnson for 15 years because he continually complained of product safety problems and urged several products be recalled or not launched.

Lippman, former vice president at two Johnson & Johnson subsidiaries claims in the suit that he was fired for seeking recalls on numerous faulty products, including Ortho Evra birth control patches which are the subject of 1,000 or more product liability suits.

The suit alleges that Lippman started having problems with his employer when he complained about inadequate safety data on a hormonal menopause product Ortho-Prefest and also about serious health risks over the Ortho Evra patch, "which releases dangerously high levels of estrogen into the patient."

The Food and Drug Administration this September started requiring that J&J add a warning to the Ortho Evra package inserts stating the risks of dangerous blood clots in the legs and lungs that may be higher for women using the patch as birth control in place of birth control pills.

As of October 1, J&J has reported approximately 1,000 claimants that had filed suits or made claims alleging Ortho Evra has caused injuries. Some women using Ortho Evra, some in their 20s, have died of blood clots. Attorneys that specialize in medical product liability suits are seeking new plaintiffs through the internet and expect more suits to be filed in the future.

In a statement, Johnson & Johnson said Lippman was fired "as a result of inappropriate conduct and mismanagement of responsibilities unrelated to the allegations he raises in the lawsuit." The statement said J&J "will vigorously defend against the claims because the allegations are not true. Our company remains committed to providing quality products that yield positive patient outcomes."

Attorney Ellen Relkin, who is on committees of plaintiffs lawyers overseeing both federal Ortho Evra lawsuits and those filed in New Jersey, said news of Lippman's lawsuit will have some impact on the number of product liability suits, particularly among women who believe Ortho Evra injured them but hadn't yet sued.

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