Three Accutane Verdicts Reversed
Elise Kramer | August 28th, 2012
A New Jersey appellate court reversed three Accutane verdicts that had been handed down in 2008. The court found that the plaintiffs in these cases had failed to demonstrate proximate cause, meaning that they were not able to prove that their conditions could have been invented by a stronger warning attached to Accutane packaging. The plaintiffs all suffer from forms of inflammatory bowel disease, also known as IBD, which has been linked to the use of the powerful acne medication Accutane. Accutane was pulled from the pharmaceuticals market in 2009, but generic forms of the medication remain.
Plaintiffs filed over Accutane side effects
Lance Sager, Jordan Speisman, and Kelly Mace were each awarded an Accutane settlement after a legal battle against drug maker Hoffman-La Roche. However, this new decision, which overturned the verdicts, has now reversed this outcome. When the plaintiffs began taking the medication, they were just teenagers–Sager was 17, Speisman was 18, and Mace was 15. They each used Accutane in order to help treat the cystic acne they were experiencing, and used it as prescribed by their respective dermatologists.
At the time when they began using the medication, in the late 1990s, the label did not contain a warning about the possibility of lasting inflammatory bowel disease. The warning label stated that the drug was only “temporally associated” with the condition, and did not mention Accutane ulcerative colitis or Crohn’s disease at all. Roche has appealed the verdicts on a number of grounds for four years, and they finally have been successful. Now, it is likely that the plaintiffs will have to undergo a lengthy legal battle again in order to regain the settlements they were once awarded.
Plaintiffs file suit nationwide
This news comes as more and more patients continue to file suit against the Swiss drug maker, claiming that they failed to warn patients about the potential risk of serious side effects and other issues associated with the popular medication.
- Accutane Lawsuit Remanded to State Court
- Victims of Accutane Side Effects Win Millions in Verdicts and Settlements
- 3 Million Accutane Crohns Disease Case Remanded