Los Angeles, California Malpractice Litigation Lawyer Daniel Gruber
Specializing in Ortho Evra Birth Control Patch Cases

Daniel Gruber of Gruber & Gruber represents individuals in class action, mass tort and pharmaceutical litigation, including litigation specifically involving the Ortho Evra Birth Control Patch. He provides a broad range of experience and knowledge of complex litigation that enables him to provide swift, efficient and effective legal counsel to his clients from all over the United States, within the following practice areas:

• Ortho Evra Birth Control Patch Litigation
• Ortho Evra Wrongful Death

The Ortho Evra Birth Control Patch (known more familiarly as "the Patch") was introduced on the market in 2002 by Ortho McNeil Pharmaceutical Inc., a division of Johnson & Johnson, as an alternative to the birth control pill. The company sold it as being as effective at preventing an unwanted pregnancy as traditional oral contraceptives, with the added benefit of being more convenient because it need be taken only weekly rather than daily.

Although several women in 2004 were believed to have died or have survived strokes as a result of using the Patch, the first death known to be associated with using Ortho Evra did not occur until 2005. Subsequent tests have revealed that women using the Patch were receiving 60% more estrogen than originally disclosed, which led in some cases to severe medical complications and death. California Malpractice Litigation Attorney Daniel Gruber I currently represents women who have suffered as a result of using the Ortho Evra patch.

Attorney Daniel Gruber takes great pride in his reputation for both excellence and cost effectiveness. He focuses on substantive areas of the law in order to provide clients with the greatest expertise in managing claims and litigation, and also practices before federal courts, state courts and administrative agencies. The Los Angeles law firm of Gruber & Gruber e possesses vast and successful experience in mass tort/pharmaceutical litigation, which includes Attorney Daniel Gruber working in mass tort litigation throughout the United States and being involved in Ortho Evra cases. Attorney Gruber clients benefit from the enormous amount of experience he has developed handling a wide range of other pharmaceutical/medical device cases, such as Celebrex and Vioxx litigation.

Attorney Gruber places a tremendous premium on client communication and confidentiality by making the relationships with his clients and their families his top priority. He promptly returns phone calls, answers emails with immediacy and keeps his door open to clients at all times.

If you or someone you know needs the assistance or legal counsel of an experienced Ortho Evra birth control patch lawyer, contact Daniel Gruber today at (866) 715-6614, or complete the contact form provided on this site to arrange for your free initial consultation.

Los Angeles Ortho Evra Litigation Attorney Daniel Gruber Practice Areas and Legal Definitions Ortho Evra Birth Control Patch Litigation:

Although Ortho-McNeil's Ortho-Evra birth control patch contains the same combination of ingredients as oral combination hormonal birth control products (estrogen and progestin), clinical trial data obtained from the FDA by the Associated Press suggests that women using the patch have a significantly increased risk of potentially fatal blood clot injuries (such as pulmonary embolism, stroke and heart attack) over those using an oral contraceptive.

Unlike the oral medication, which is metabolized by the body's digestive system, the progestin and estrogen in the patch are delivered through the transdermal patch and released directly into the bloodstream. Dr. Pamela Berens of the University of Texas Medical School at Houston theorizes that "there may be something about the way the drug is metabolized that could increase the risk for clots." About a dozen women, mostly in their teens and early 20's, died in 2004 from blood clots believed to be related to the birth control patch. 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. The medical examiner concluded that her death was a side effect of the birth control patch. On November 10, 2005, the FDA ordered Ortho McNeil to issue a warning to the millions of women using Ortho Evra that the birth control patch exposed them to significantly higher doses of hormones (due to the elevated levels of estrogen produced) and may put them at greater risk for blood clots and other serious side effects. Ortho McNeil and the FDA announced changes to the Ortho Evra label to disclose that patch users receive approximately 60% more estrogen than originally thought. While enough of the hormone to prevent pregnancy is needed to make it into the bloodstream, too much of it can pose serious health risks. A 2004 study conducted by the FDA revealed that Ortho Evra caused a 300% increase of blood clot-related incidents-blood clots that can cause strokes, heart attacks and pulmonary embolisms.

For many women the warning came too late. Approximately 4 million women have used the Ortho Evra Patch since it went on sale in 2002, with approximately 23 deaths associated with Ortho Evra, of which 17 were directly related to blood clots. Earlier this year, the Associated Press reported that patch users die and suffer blood clots at a rate three times higher than women taking the pill. The FDA reports that only 1% -10% of patch-related medical problems are actually reported, so these conditions may actually be more prevalent than initially believed.

Ortho Evra Wrongful Death:

An Ortho Evra wrongful death occurs when a person dies as the result of taking Ortho Evra in compliance with the manufacturer's instructions. In order to bring a successful Ortho Evra wrongful death action, the following elements must be present:

• The death of a human being caused by taking Ortho Evra as directed.
• The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the victim.

The general rule in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions which the victim would have made to his or her spouse, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the victim and for burial costs. Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support.

If you or someone you know needs the assistance or legal counsel of an experienced Ortho Evra birth control patch lawyer, contact Daniel Gruber of Gruber & Gruber today at (866)715-6614, or complete the contact form provided on this site to arrange for your free initial consultation.

If you or a loved one has questions about claims against their insurance company involving ERISA, and you need the legal advice of an experienced Sherman Oaks, California ERISA claims attorney, call Gruber & Gruber today at (866)715-6614, or complete the contact form provided on this site to arrange for your free consultation.

FIRM ADDRESS:
Gruber & Gruber
15165 Ventura Blvd., Suite 400
Sherman Oaks, CA 91403
Telephone: 866-715-6614
After-hours appointments available

MEMBERS OF THE FIRM:

Daniel Gruber, Attorney

Daniel Gruber graduated from UCLA in 1980 with a degree in History, and graduated Loyola Law School in 1983.   He worked as a defense lawyer for several years representing insurance companies, attorneys, and real estate agents.  Thereafter, he began his practice and devoted the majority of his time to representing people whose life and disability claims were improperly denied by their insurance companies.  After the 1994 Northridge earthquake, Dan became heavily involved in representing those people whose claims had been improperly handled by their insurance companies.  He was named class counsel in a case against Allstate Insurance Company.  In this class action, Dan and his firm forced Allstate to reexamine 12,000 claims and pay their insureds all the money they previously had wrongfully withheld.  As a result, Allstate paid its insureds an additional $60,000,000.  Further, all of this money went to the class members because Dan and his firm forced Allstate to pay all attorney fees.  Dan Gruber continues to represent hundreds of homeowners, obtaining millions of dollars for them from their insurance companies. 

COURTS ADMITTED:

• California, 1984
• California United States District Court
• Central, Northern, Eastern and Southern Districts of California
• United States District Court
• Colorado Ninth Circuit Court of Appeals

Frequently Asked Questions of California Ortho Evra Litigation Attorney Daniel Gruber

The following information includes frequently asked Ortho Evra questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. If you or a loved one has used the Ortho Evra patch and suffered a heart attack, stroke or pulmonary embolism and would like a free evaluation of your claim, please contact California Ortho Evra Attorney Daniel Gruber today.

What is the Ortho Evra Birth Control Patch?

The Ortho Evra birth control patch was a revolutionary advancement in the prevention of pregnancy. Instead of having to remember to take a pill every day, women now could simply attach a patch to their upper outer arm, thigh, buttocks, or abdomen and receive reliable protection against an unplanned pregnancy.

The patches are durable, waterproof, and will remain attached even during strenuous exercise. The patch itself is 1 ¾ inches square, and is virtually unnoticeable while worn. Ortho Evra works by releasing an extended dose of two hormones called progestin and estrogen. When absorbed by the female body, these chemicals inhibit ovulation, which in turn drastically reduces the chances of fertilization. Ortho McNeil states that the patch is at least as effective as traditional birth control pills, with the added convenience of a once-a-week application.

Unfortunately, elevated progestin and estrogen levels can lead to dangerous deep vein blood clots which can lead to strokes, pulmonary embolisms and heart attacks. Many women who used the patch did not realize the potential dangers until a young woman died in 2004 due to an Ortho Evra-related incident.

Is the Ortho Evra patch dangerous?

The Ortho Evra patch has been linked to an increased risk of DVT (Deep Venous Thrombosis) and PE (Pulmonary Embolism), which can lead to stroke, hemorrhage, heart attack and death. Evidence shows that the risk of blood clots and stroke associated with Ortho Evra is significantly higher than with oral contraceptive pills. The incidence of embolisms and thrombotic injuries from Ortho Evra side effects is six times greater than the incidence of such side effects in oral contraceptives using the hormone levonorgestral. Blood clots are a known risk from hormonal birth control because estrogen promotes blood coagulation. Clots typically form in the legs and can cause serious injury and death if they travel to the heart, lungs or brain.

What should I do if my health has suffered from using Ortho Evra?

If you have or are experiencing health problems from using the Ortho Evra birth-control patch, your immediate objective should be to seek medical attention. You should also seek the legal advice of an experienced Ortho Evra attorney who specializes in Ortho Evra lawsuits. Do not become a victim of potentially fatal health problems due to a hazardous pharmaceutical drug. You owe it to yourself and your loved ones to contact a skilled Ortho Evra lawyer today and receive the just compensation you deserve.

What financial compensation can I expect to recover in an Ortho Evra claim?

Ortho Evra victims are entitled to recover monetary damages for all losses and expenses suffered as a result of taking the medication. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:

• The cost of past and future medical care
• The cost of necessary rehabilitation
• Loss of past and future wages
• Loss of earning capacity and related fringe benefits
• Emotional trauma
• Mental disability
• Pain and suffering associated with the medication

What has the FDA done about Ortho Evra?

The Food and Drug Administration has warned women about the dangers of Ortho Evra and added a black box warning to the packaging of the drug. This warning explains the health risks associated with its use and outlines the birth-control side effects associated with Ortho Evra.

Why file an Ortho Evra lawsuit?

Millions of women have been persuaded by Ortho McNeil Pharmaceutical Inc. to trust the Ortho Evra transdermal birth control patch for protection against pregnancy, only to be confronted with emerging stories linking the drug to dangerous blood clots. In fact, by November of 2005, there were 23 deaths associated with Ortho Evra, of which 17 were directly related to blood clots.

Tragically, it was not until the FDA ordered Ortho McNeil to release a statement warning about the higher potential risks associated with using the patch over oral contraceptives on November 11, and subsequently ordered Ortho McNeil to change the label on the package to reflect this danger, that women were properly warned of the serious consequences. And for many women it was too late. When consumer safety is jeopardized, pharmaceutical drug makers need to be held accountable.

What is Class Action litigation?

Class action litigation allows groups of people who share a common grievance or have suffered a common violation of the law to file one lawsuit to represent everyone similarly involved. A lot of consumers can be helped using this legal option, regardless if their individual claims equates to pennies or thousands of dollars. Class action litigation cases can include consumption of a defective drug.

How do I know if I need an Ortho Evra attorney?

Whether or not you ultimately decide to pursue a legal claim for damages, if you have been injured by taking Ortho Evra, it is important for you to know your rights and to know how to protect them. Like all other lawsuits, Ortho Evra claims are subject to Statutes of Limitations, and failure to file a lawsuit within the time prescribed can forever bar any financial compensation. The litigation of Ortho Evra claims is an extremely narrow, complex and difficult area of the law. Few lawyers have the training, experience and expertise in the intricacies of pharmaceutical products liability law to effectively prosecute these claims. Do not hesitate to inquire about the law firm's experience with Ortho Evra or other pharmaceutical product liability litigation, and listen carefully to the answers you receive.

Ortho Evra lawyer Daniel Gruber of Gruber & Gruber stands ready to answer any questions you may have, and if it becomes necessary to file a lawsuit, you can be certain that it will be filed in a timely manner and aggressively prosecuted on your behalf. To arrange for a free consultation to discuss your Ortho Evra claim, contact Daniel Gruber today.