Two pharmaceutical companies that tried to dismiss a lawsuit by a B.C. woman, who claimed she suffered a severe blood clot from a birth control patch, will go to trial after their appeal was rejected by a judge.
The decision said that the woman, Lakota James, was prescribed a birth control patch called EVRA.
James said that a few weeks after she started using the hormonal birth control patch, she had a blood clot. The clot, known as a "venous sinus thrombosis," left her with permanent injuries, she claimed.
After the blood clot, James brought a product liability claim against the pharmaceutical companies Johnson & Johnson, and Janssen, claiming negligent design, negligent manufacture and failure to warn.
In response, the pharmaceutical companies applied to strike James' claims due to a "failure to plead the material facts necessary to support the causes of action."
They also sought to dismiss the claim entirely, arguing that there was no "genuine issue" for trial.
In March 2021, the judge dismissed the companies' application to strike her claims, with the expectation of one.
The pharmaceutical companies then attempted to challenge the judge's conclusion — and were dismissed again on March 28, 2022.
The companies "refused to participate in discovery prior to the determination of their application," the decision added.
James' theory is that the EVRA patch delivers a much higher dose of estrogen and creates a much higher risk of blood clots than oral contraceptives, according to court documents.
She claims, with this higher risk, that the product doesn't have "adequate warning."
The judge in the decision said that there will need to be expert evidence at the trial to prove this theory.
Now that this appeal is dismissed, the lawsuit can proceed to trial.
This article's cover image was used for illustrative purposes only.