April 2008 Accutane Trial In New Jersey Ends With Plaintiff Verdict

Utah Woman Developed Inflammatory Bowel Disease After Using This Hoffman-LaRoche Drug

(Posted by Tom Lamb at DrugInjuryWatch.com)

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Update:  Roche Wins Reversal of $10.5 Million Accutane Verdict in New Jersey Case

By Jef Feeley – Aug 5, 2010

Roche Holding AG won reversal of a $10.5 million verdict over its Accutane acne drug because a judge improperly barred the company from using evidence about the medication’s use, an appeals court ruled.

Roche’s lawyers should have been able to use data about how many acne sufferers had used Accutane over the years throughout Kamie Kendall’s 2008 trial of her lawsuit over the drug, the New Jersey Superior Court Appellate Division ruled today. The decision prompted a judge in Atlantic City, New Jersey, to delay the trial of an actor’s suit alleging the medication causes inflammatory bowel disease.

“Roche was unduly impeded at this trial from adducing and advocating numerical proofs that could have potentially and reasonably led a jury to reach a different verdict,” the appeals court said in an 89-page unpublished decision….

(8/6/10)

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Update:  Accutane Retrial Verdict: Roche Ordered to Pay $25 Million to Accutane User

By David Voreacos and John Martin – Feb 16, 2010

Roche Holding AG, the Swiss drugmaker, must pay $25.16 million in damages to a former user of its Accutane drug who blamed the acne medicine for his inflammatory bowel disease, a New Jersey jury ruled.

Andrew McCarrell, 38, won the verdict today at a retrial in Atlantic City, New Jersey. An appeals court ordered the new trial after overturning a $2.62 million award he won in May 2007. McCarrell, a computer technician from Birmingham, Alabama, testified he got sick after taking the drug for acne in 1995. He needed five surgeries, including one to remove his colon….

(2/18/10)

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A 24-year old woman from Utah was awarded more than $10 million in legal compensation by a New Jersey state court jury in a trial involving the allegation that Accutane (isotretinoin), a prescription acne medication, caused her inflammatory bowel disease (IBD).  The case is Kamie S. Kendall v. Hoffman-La Roche Inc., No. ATL-L-8213-05-MT, N.J. Super., Atlantic Co.

From an April 23, 2008 article, "Jury Awards $10.5 Million Over Accutane", by Wall Street Journal (WSJ) reporter Heather Won Tesoriero:

The jury awarded $10.5 million of compensatory damages plus $78,500 for medical expenses. The judge presiding over the case ruled there was insufficient evidence to allow the jury to consider punitive damages or consumer fraud….

Since it was introduced in 1982, Accutane, which is still sold, has been taken by roughly 13 million people in the U.S. A company spokesman said in a statement that "the Accutane labeling has contained a warning about IBD for more than 20 years."

In May 2007 the first New Jersey case against Hoffman-La Roche Inc. for the failure to warn that its acne drug Accutane can cause inflammatory bowel disease (IBD) went to trial; it resulted in a $2.6 million verdict against the drug company.

A second Accutane trial in October 2007 ended with a jury awarding $7 million to the plaintiff.

A Hoffman-LaRoche spokesman said the company plans to appeal all three Accutane verdicts, according to the April 23 WSJ article.

10 responses to “April 2008 Accutane Trial In New Jersey Ends With Plaintiff Verdict”

  1. njgirl84 Avatar
    njgirl84

    I HAVE USED ACCUTANE, AND ITS LABELING IS VERY CLEAR ABOUT ALL POSSIBLE SIDE EFFECTS AND DANGERS. IF PEOPLE CONTINUE TO SUE THE COMPANY JUST FOR A QUICK BUCK, THEY WILL SOON BE FORCED TO DISCONTINUE THIS MIRACLE DRUG.THE ONE’S WHO SUFFER ARE PEOPLE WHO TRUELY HAVE SEVERE DISFIGURING ACNE..

  2. Tom Lamb Avatar

    njgirl84:
    Thanks for reading Drug Injury Watch and sharing your opinion with us.
    Tom Lamb

  3. tanya Avatar
    tanya

    Clearly the person above is not at all aware of how painful IBD is.
    I took Accutane and less than 6 months later I was diagnosed with IBD and can reassure all concerned this is an expensive disease and definetly changes your life forever.
    I have to take a drug that causes Lymphoma to cause the symptome to stop this drug has to be taken even during pregnancy causing risk to me as well as the fetus. This is a immuno supressant for kidney transplant.

  4. Tom Lamb Avatar

    Tanya:
    I am sorry to hear about your serious side effect from Accutane.
    I wish you the best in all aspects going forward.
    Thanks for reading Drug Injury Watch.
    Tom Lamb

  5. Chase Avatar
    Chase

    njgirl84
    Clearly IBD side effects info was not clear. Otherwise Accutane wouldn’t have to pay for their mistakes. They make BILLIONS it’s only right that they pay for ruining people’s lives. I promise you even if they had to pay out 1 billion, they’d still be very rich. You need to grow up, Acne is not nearly as bad as losing your colon. The risk are way worse than the benfits. Acne goes away eventually, your colon doesn’t grow back.

  6. Tom Lamb Avatar

    Chase:
    I appreciate you letting us know your opinion on the matter, and thanks for reading Drug Injury Watch.
    Tom Lamb

  7. Chase Avatar
    Chase

    Hi Tom. Is there any more information about recent cases with Accutane? I’d love to get an update on these. Thanks

  8. Tom Lamb Avatar

    Chase:
    I believe there was a verdict in favor of three plaintiffs handed down last week, perhaps in New Jersey. Unfortunately, I was out-of-the-office and do not recall where I saw that information.
    If anyone has an update on the Accutane litigation, please feel free to post a Comment with the latest court results.
    Thanks for continuing to read Drug Injury Watch.
    Tom Lamb

  9. noneya Avatar
    noneya

    I take it you have never had chrons disease, because if you have you would know that it is worse than acne. I am sure you like eating food. How would you like it if you couldn’t enjoy it anymore do to the side affects that result in eating anything. Yeah it helped with acne but it screwed everything else up

  10. Danbo Avatar

    Well first off I’m very sorry to the unfortunate people to have incurred such a terrible disease as a side effect.
    Today was my first day on my Accutane treatment. I have read all the information and continue to research online which is how I found this page. I guess the bottom line for me and probably many that have been hit with the tragedies of side effects is, I’m aware and think it’s worth the risks. YES, even IBD!
    Let’s be honest people… with warning in the literature saying “…Users of Accutane HAVE killed themselves” as well as “Possible side effects can be the brain swelling, and can cause possible stroke or in rare cases death” and in most cases just goes unread or put off as a “well, it won’t happen to me” thing.
    With warnings like the above, do you honestly think you would not have taken it because it said, “May cause IBD”???
    No, you more than likely still would have, since I don’t know about you but as others have responded to njgirl saying she obviously doesn’t know IBD, I seem to care about Death to, but here I am on Day 1. Hmmm, Yes, I saw it say I might kill myself, but I wouldn’t have gone near it if it said IBD… MMMmmk
    Most people (Like myself, I’m no different), hope we can just do away with our acne. This is not normal acne by the way. For me personally it can be very painful, and yes of course discusting to look at.
    I am 38, and have had severe nodular acne on my back and shoulders most of my life. It is frustrating not being able to take my shirt off at the beach,,, even at home. When with a girlfriend I cannot even be fully intimate without the constant fear of her running her hand down my back and feeling my sand paper skin…
    I have lived with it enough and hope this drug helps. God willing, it will, and God willing I will not have to deal with any of the insane side effects.
    BUT, if I develope a new incurable disease that slowly brings my death, and as tragic as it will be to deal with. I can honestly say, that no matter what I read would stop me from making this choice. Yeah, I am going forward with some fear, but it is and was my own choice. A hope for a normal life.
    God bless

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