A woman who says she suffered life-threatening blood clots from a birth control medication wants the Ohio Supreme Court to declare the state’s cap on pain-and-suffering awards unconstitutional.
The court on Tuesday planned to hear arguments in the lawsuit filed by Melisa Arbino of Cincinnati over the Ortho Evra Birth Control Patch.
The challenge to a 2005 law limiting pain-and-suffering awards is the first to reach the court. The case is being closely watched by various groups throughout the country. Back in 1999, the Ohio Supreme Court struck down as unconstitutional another law that attempted to cap non-economic damages.