Tuesday, November 22, 2011
Ulcerative Colitis Reason Behind Accutane Florida Lawsuit
Accutane Lawyers Optimistic About Settlements
Friday, November 18, 2011
Side Effects of Accutane Cause Suffering and Lawsuits
Use of Accutane Results in Severe Pain for Patients
Accutane Inflammatory Bowel Disease: Painful and Limiting
Wednesday, November 16, 2011
Accutane Ulcerative Colitis Cases Being Appealed
Tuesday, November 15, 2011
Lawyers Provide Accutane Lawsuit Advice
Monday, November 14, 2011
Accutane Lawsuits Build Momentum
Friday, November 11, 2011
Accutane Lawsuits Over Enduring Side Effects
Wednesday, November 9, 2011
Generic Brand Accutane Lawsuits Will Still Go Forward
Wednesday, November 2, 2011
New Jersey Accutane Lawsuits Consolidated Into Mass Tort
Tuesday, October 25, 2011
Over 6,000 Accutane Lawsuits Have Been Filed in Mass Tort
Friday, October 21, 2011
New Jersey Judge Upholds $25 Million Accutane Settlement
Thursday, October 6, 2011
What Qualifies For Accutane Side Effects Trial?
Accutane Crohn’s disease, which is named for gastroenterologist Burrill Bernard Crohn, who first described the illness in 1932, is an inflammatory disease that effects the large intestine or colon. It is a form of
Wednesday, October 5, 2011
Accutane Lawsuit Trial Set for Second Go
Wednesday, September 28, 2011
Accutane Lawyers Prepare to Battle out Cases
Friday, September 16, 2011
Accutane Crohn’s Disease: Painful and Permanent
Crohn’s disease is another inflammatory bowel disorder commonly cited in Accutane litigation. This takes place when the intestinal wall becomes inflamed. Accutane Crohn’s disease can be found in many parts of the digestive tract.
Wednesday, September 7, 2011
Trial History of Accutane Shows Mixed Results
Wednesday, August 31, 2011
Inflammatory Bowel Disease Trials Against Accutane Result In Large Verdict
The number of Accutane lawsuits filed in New Jersey state court by individuals who experienced severe intestinal problems, such as inflammatory bowel disease (IBD), ulcerative colitis and Crohn’s disease, continue to pour in. In April, a New Jersey jury awarded $2 million in damages to a woman who developed ulcerative colitis from Accutane. However, the same jury declined to award damages to two other plaintiffs involved in the same trial. A New Jersey jury has hit the pharmaceutical company that makes Accutane with a $25.16 million judgment in a lawsuit filed by an Alabama man who blamed the drug for his inflammatory bowel disorder. Thirty-eight-year-old Andrew McCarrell of Moody, Ala., took the acne drug in his 20s. He says Hoffmann-La Roche Inc. failed to adequately warn of serious Accutane side effects. McCarrell eventually had his colon removed.
All of the suits against Accutane’s manufacturer, Hoffmann-La Roche, involve allegations that side effects of Accutane, a popular acne medication developed by Roche, caused users to develop severe gastrointestinal problems. Plaintiffs allege that Roche and generic drug makers failed to adequately research the medication or warn about the risk of inflammatory bowel disease, which could include ulcerative colitis and Crohn’s disease. Although the manufacturer of Accutane and generic drug makers who have marketed generic Accutane since 2002 have been aware of the risk of Accutane bowel side effects for years, they have failed to take adequate steps to warn consumers and the medical community about the extent of the risk. Information provided about the risk of Accutane bowel problems has been vague and confusing, leaving many prescribing doctors and their patients unclear about the extent of the risk and impact of the damage it can cause.
According to a filing in late July, there are now at least 5,169 lawsuits over Accutane that have been filed in New Jersey state court, representing a sharp increase from the 3,223 suits reported as of early May 2011. The McCarrell verdict was originally overturned and Hoffmann-La Roche entered into a retrial that resulted in that much larger judgement against the manufacturer of Accutane.
Tuesday, August 30, 2011
Accutane Lawyers Prepare For Thousands of Trials
5,169 lawsuits against drugmaker Roche in regards to the once-popular acne drug Accutane are currently pending in the New Jersey State Court. A few cases have already gone to trial, but it could be years before others are decided. Some plaintiffs may be settled with out-of-court for undisclosed amounts. This might be necessary in order for drugmaker Roche to deal with the sheer number of Accutane lawsuits that have already been filed – and that are likely to keep coming in. The first few Accutane suits were filed in January of 2003, and since then the number has continued to increase exponentially.
Since the beginning of 2011 alone the number of Accutane cases has more than doubled, with around 2,500 in January 2011 increasing the 5,169 that were reported as of June of this year. It looks like the number will keep increasing, if the pattern continues – the first six months of 2011 showed a 25 percent increase in the number of cases filed as compared to the number filed in the entire year of 2010. The increased media coverage of the trials may be a contributing factor to the number of lawsuits being filed at this time.
Accutane side effect lawsuits are likely to revolve around a small group of very serious side effects, namely inflammatory bowel disease, ulcerative colitis, and Crohn’s disease. Each of these conditions is a gastrointestinal disorder that can be permanent and have an impact on a patient’s health and quality of life for the rest of their lives.
Some Accutane cases have already been decided, with a few resulting in a substantial settlement being awarded to the plaintiff and some others ending with the jury siding with the defendant, Roche. Most lawsuits that have been filed allege that Roche failed to appropriately warn patients of the serious side effects that have been linked to Accutane, as was the case with the lawsuit of Kamie Kendall. Ms Kendall, from Utah, won $10.6 million in damages from Roche during her 2008 case, but in 2010 it was determined that evidence was barred unfairly, and the verdict was thrown out. Her retrial is forthcoming.
It is not yet clear whether or not lawsuits regarding generic forms of Accutane will be included in Accutane mass tort litigation.
Wednesday, July 27, 2011
Accutane Inflammatory Bowel Disease Harsh Blow to Roche
Thursday, July 14, 2011
Despite Drug Manufacturers Protests, Accutane Settlements Rise
Thursday, July 7, 2011
Accutane Retrial Could Pose Problems for Plaintiff
Thursday, June 16, 2011
IBD Does Major Harm to Accutane Users
Wednesday, June 15, 2011
Patients of Acne Drug Would Rather Have Acne than Side Effects Like Ulcerative Colitis
The acne drug Accutane has been in media recently because of the often-severe side effects many patients of the now-discontinued drug have experienced. Accutane lawsuits have resulted from patients wanting to collect damages. One of the most common complaints patients have is the development of inflammatory bowel disease after beginning treatment with the powerful acne drug. Inflammatory bowel disease, which affects 1 million people in the United States, is somewhat mysterious in the medical community – experts are not sure of what causes it. There are two forms of inflammatory bowel disease – Crohn’s disease and ulcerative colitis.
Tuesday, June 7, 2011
Accutane Linked to Suicide?
The side effects of Accutane include the possibility of having severe depression, and going on to commit suicide. This makes the decision of whether or not you should take Accutane a very difficult one. List of Side Effects If you or your child has severe or stubborn acne, Accutane seems like the perfect choice because of the track record it carries. It is very good at eliminating all types of acne. However, the side effects that it carries are massive, and include: allergic flare ups, birth defects (if pregnant), Crohn’s disease, IBD (Inflammatory Bowel Disease), damage to the live , Ulcerative Colitis, depression, and suicide. This drug affects all parts of the body, from digestion, to the liver, to even the brain. However, that isn’t the entire list. Those suffering from these side effects should contact an experienced Accutane lawyer immediately.
Friday, June 3, 2011
Second Ever Accutane Lawsuit Wins $2.6M
Tuesday, May 24, 2011
Accutane Trials Stem From Side Effects
Wednesday, May 4, 2011
Deadline Set For Consolidation
Friday, April 29, 2011
Generic Accutane Defendants At Fault, Too
Monday, April 11, 2011
James Marshall Settlement Still Up in the Air
A plaintiff named Adam Mason won seven million dollars in 2007 after developing Crohn’s disease linked to Accutane. Roche appealed the decision and lost. The most substantial Accutane winning to date was in the case of Andrew McCarrell, who won $2.6 million during his trial. Roche appealed the decision and McCarrell subsequently won $25 million after a jury ruled in his favor. McCarrell was a victim of Accutane-related inflammatory bowel disease, one of the most common severe side effects of Accutane. He was forced to undergo the removal of his colon due to the condition.
James Marshall, an actor who once had a promising career – with parts in movies such as A Few Good Men and Gladiator – before his health was destroyed by Accutane. His Accutane lawyers have reportedly asked Roche for a $11 million settlement that would cover lost wages and medical costs past and future. A jury could decide in his favor and order Roche to pay more than that amount – or Roche could pay him a settlement out of court before the trial is even completed. If Roche takes this course of action, they may also choose to settle with plaintiffs whose cases have not yet been heard.
Roche would likely appeal a decision in favor of Marshall, which could happen in the New Jersey court as early as next month.
Wednesday, April 6, 2011
Accutane Trial Well Underway
Friday, April 1, 2011
Accutane Trials Continue
This week marks the fourth since the New Jersey Accutane trial began, and plaintiffs – as well as potential plaintiffs – are waiting to see what kind of result will come from the trial, which may indicate the kind of settlements they will be able to expect from their own trials. Accutane lawyers, too, are using this initial trial, which combines the lawsuits of three patients, to gauge the kind of settlement their clients may be able to receive as well as the feel of the trial process for this particular case.
James Marshall, Kelly Andrews, and Gillian Gaghan are all former Accutane users and all suffer from gastrointestinal diseases that they believe are a result of their Accutane use. James Marshall was an aspiring actor who developed a debilitating bowel disease that ended his promising career, which included roles in movies such as Gladiator and A Few Good Men. Hollywood celebrities, including Martin Sheen and Rob Reiner, are expected to be brought into court to testify on Marshall’s behalf.
Kelly Andrews, an account manager, suffers from Crohn’s disease and has endured 7 major surgeries, one of which removed her colon. She began taking Accutane when her doctor prescribed it to her at the age of 17. She is now 29 years old and has been hospitalized over 25 times as a result of her condition. Gillian Gaghan was 22 when she began taking the medication, and started experiencing symptoms of irritable bowel syndrome within months. Now 34, she is expected to endure flare-ups of the condition throughout the rest of her life.
Representatives for Accutane drugmaker Roche claim that the link between Accutane and certain gastrointestinal disorders is not conclusive, and maintain that the warnings they placed on the product were sufficient enough to cover any potential side effects. Roche is due to begin their testimony in about two weeks, and the trial is expected to be concluded in about 6 weeks.
Wednesday, March 30, 2011
Coming Up with an Accurate Estimated Accutane Lawsuit Settlement Amount
Thursday, March 3, 2011
Accutane Side Effects Include Birth Defects
Accutane Lawsuit Gets Underway
Friday, February 25, 2011
Understanding Accutane Settlements and Jury Verdicts
If you have suffered negative side effects from prescription drug Accutane, informing yourself of the facts surrounding the ongoing Accutane litigation is essential. Lawsuits can be resolved through a settlement or a jury verdict, and it is important to understand the difference.
Accutane Lawsuits So Far
Thus far, more than 1,000 Accutane lawsuits have been filed across the nation since the acne treatment medication was withdrawn from the U.S. market in July 2009. Accutane has been linked to severe gastrointestinal side effects such as ulcerative colitis and inflammatory bowel disease.
As of August 2010, six of these lawsuits have reached a trial and received a verdict. A jury verdict was decided in all six, in favor of the plaintiff. So far, Swiss drugmaker Roche, the manufacturer of Accutane, has paid more than $50 million in damages to former Accutane users who filed suit.
Accutane Trial Trends
If Roche had reached a settlement with the plaintiffs mentioned above, they almost certainly could have saved themselves a lot of money. The damages imposed by jury verdicts have been high and have attracted a lot of media attention. In one instance, a Florida jury awarded an Accutane plaintiff $25 million. In this much-publicized case, Roche appealed the decision, which the judge decided to uphold. If Roche had settled out of court they could have avoided a costly lawsuit as well as numerous mentions in the news. However the lawyers defending Roche felt confident that they could win, and by doing so hoped to set a precedent that would work to their benefit for future Accutane trials. Instead, they have argued and lost in six successive trials and it has cost them dearly.
How an Accutane Jury Verdict Works
When an Accutane lawsuit reaches trial, the court will make a decision either in favor of the plaintiff (the individual or people who filed the lawsuit) or in favor of the defendant (in these cases, Accutane manufacturer Roche). When the court declares the plaintiff the winner of the case, the defendant may be required to compensate the plaintiff for damages suffered, normally in the form of a specific sum. A jury verdict may be appealed to a higher court by the losing party if they feel that they have just cause for an appeal, such as judicial error.
How an Accutane Settlement Works
Once a lawsuit has been filed, the defendant and the plaintiff may decide to negotiate outside the courtroom and agree upon a settlement sum. An out-of-court settlement may be reached during pre-trial proceedings, such as consolidation for MDL (multi-district litigation) or even while the case is being tried. Typically a settlement will consist of monetary compensation paid to the plaintiff by the defendant, and if a settlement is reached then the plaintiff agrees to release the defendant from the lawsuit and any further liability.
Possibilities for Accutane Plaintiffs
Roche may have had enough of being on the losing side of Accutane trials. In May 2010 the pharmaceutical company reached an Accutane settlement with a plaintiff in Illinois. The man in this case had filed a lawsuit against Roche after being stricken with severe Accutane side effects. The terms of his settlement were not announced, but the fact that a settlement took place sends an important message: it may now be easier for other Accutane victims to obtain a settlement of their own.
Thursday, February 24, 2011
Accutane: the Suicide Pill
The decision to take Accutane is a very tough one. On one hand, the drug has been effective at treating even the worst cases of acne. On the other hand, it carries a possible connection with severe depression, and even suicide. This makes the decision to take drugs containing isotretinoin, like Accutane difficult. If you, or someone you know, has severe acne, and nothing has worked for you so far, then you may be faced with this difficult decision.
Some Severe Side Effects
The list of severe side effects from Accutane is staggering. It includes, but is not limited to:
• Injuries less likely to heal
• Infections
• Impetigo
• Paronychia
• Liver Damage
• Birth Defects
• Severe Depression
• Suicide
However, this is not the complete list. Some more less severe side effects include:
• IBD
• Crohn’s disease
• Eczema
• Muscle Pain
• Sunlight sensitivity
• Nails that are brittle
• Skin dryness
• Menstrual issues
• Violent actions
• Allergies
That is quite the list of side effects. All of them should be read and understood before taking the drug.
The Worst Side Effect
Easily the worst side effect that Accutane has, suicide due to Accutane, has already claimed lives.
Studies have shown that Accutane and other drugs like it can greatly increase the risk for suicide. The most famous case, and most famous death due to suicide from Accutane is that of young B.J. Stupak. He ended his own life with a gun shot. His father, a congressman, launched a massive investigation into Accutane. His investigation found that Accutane may seriously increase the risk for severe depression which leads to suicide.
His investigation also uncovered an FDA memo highlighting the risk between taking Accutane and birth defects. The FDA questioned taking Accutane off the market for that very reason. Perhaps if they would have gone through with taking it off the market, they would have saved lives.
Monday, February 21, 2011
Accutane Lawsuits Finally Reach Court
After months of delay, the Accutane lawsuits of plaintiffs Kelley Andrews, Gillian Gaghan, and James Marshall are set to begin in New Jersey. Although only a few of the thousands of plaintiffs who have filed suit due to Accutane-related side effects are represented in this trial, it is notable in that it is testing the waters, so to speak, for future trials.
Accutane is a powerful acne medication that was often prescribed in severe cases when antibiotics and topical ointments weren’t doing the trick, but it was pulled from the market by its manufacturer, Hoffman-La Roche, in 2009. The recall was allegedly due to competition from generic products, but Hoffman-La Roche was already being flooded with lawsuits due to the side effects associated with the medication. Among these were those filed by Andrews, Gaghan, and Marshall – the three plaintiffs are all filing suit because they suffer from inflammatory bowel disease that they believe comes from Accutane. Inflammatory bowel disease, or IBD, encompasses conditions such as ulcerative colitis and Crohn’s disease.
Although the trial was originally scheduled to take place last fall, it was delayed after a New Jersey appeals court reversed a decision that would have awarded plaintiff Kamie Kendall $10.5 million. Kendall’s colon was removed due to Accutane side effects. The reversal came when a judge determined that Hoffman-La Roche was not given a fair opportunity to present data on the total number of people who have used Accutane during the trial. A retrial is due to take place, with jury selection set to begin in May.
Although the cases are all different, the three plaintiffs in this trial have something in common – they have suffered due to a medication that was meant to improve their lives. Marshall was an aspiring actor, who had a role in A Few Good Men shortly before he had to have his colon removed. Gaghan developed lupus as a result of her IBD treatment. Each of these plaintiffs deserves to have their say in court.
Accutane Cases Settled Out of Court
Hoffman-La Roche, the manufacturers of now-defunct acne drug Accutane, have claimed that the removal of their product from the market was caused by competition from generic products, but evidence points to something else entirely – the multitude of lawsuits filed by former patients of the drug that claim serious side effects such as bowel disease as a result of taking the medication. Other complaints include an increased risk of suicide as well as birth defects.
Each of the lawsuits that have gone to trial against the corporation have turned out with the juries siding with the plaintiff, meaning that the victims of the serious side effects of the drug have been receiving settlements to benefit them after whatever ordeal they may have suffered because of the medication. For example, hairdresser Kamie Kendall won a settlement of $11 million after she claimed that Accutane, which she had been prescribed at age 12, had caused her to develop ulcerative colitis.
An unnamed plaintiff was awarded $2.25 million when her child was born with severe heart defects caused by the drug, and the family of a teenage boy who had been prescribed Accutane settled with the company out of court after alleging that his prescription had contributed to the circumstances surrounding his Accutane-related suicide. The lawsuits against the company claim that Hoffman-La Roche marketed and sold its product with at least some knowledge that it could cause bowel diseases, birth defects, and contribute to psychiatric problems but neglected to inform either patients or doctors about these risks.
Despite the fact that the drug has not been on the market since it was pulled in 2009, the court system is still overwhelmed by lawsuits against the medication that are still awaiting either trial or settlement. Many of these suits will go to trial in 2011.
Verdicts in Accutane Lawsuits Favor Plaintiffs
There have been many Accutane side effects lawsuits filed against Roche, the Swiss drugmaker responsible for the acne-fighting medicine. Early reports made public some of the Accutane settlements, and helped speed Accutane’s removal from pharmacy shelves across the United States. Lawyers with experience handling Accutane lawsuits will most often take into consideration the fact that the claim may be settled out of court. Thus far, Roche has faced a series of losses in the courtroom. The verdicts handed down by juries have consistently been in favor of plaintiffs, and the defendant has been required to make several considerably large payments to compensate plaintiffs for pain and suffering related to Accutane side effects. Those individuals currently awaiting trial for their Accutane lawsuits should be optimistic about their chances of receiving fair compensation from Roche.
Accutane’s Many Serious Side Effects Come to Light
Accutane, which was introduced in the 1980s, is a remarkably effective treatment for individuals struggling with acne. However it also has been found to produce serious side effects in many users, leading to its discontinuation in America in June of 2009. Roche, the Swiss manufacturer of Accutane, stated that their decision to withdraw Accutane from the U.S. market was a direct effect of the costs involved in defending against Accutane side effects lawsuits.
Even though Roche withdrew Accutane, there are still several generic forms of the same drug that continue to be available. All versions of this medication are capable of producing severe side effects that can endanger the health and life of consumers. It’s no surprise that numerous lawsuits have been filed as a result. Some of these are still pending, while others have been settled before reaching trial.
A research study first published in the American Journal of Gastroenterology reported that Accutane use leads to quadruple the risk of developing ulcerative colitis. This same study also linked increased doses of Accutane to increased risk of contracting a serious inflammatory bowel disease. It has been effectively determined that there is a direct causal relationship between Accutane and bowel disorders.
In February 2010, Health Canada advised caution to all Accutane users based on multiple reports of serious skin reactions, including Stevens-Johnson Syndrome, which is known to be fatal in some cases. Health Canada referred to 66 different reports of severe skin conditions resulting from Accutane use. Two of these 66 were fatal.
Most Recent Accutane Lawsuit Reports:
- May 2010: Jason Peipert, a former Accutane user, claimed that he had contracted severe inflammatory bowel disease (or IBD) brought on by Accutane consumption. His lawsuit was settled before reaching trial when Mr. Peipert agreed to a settlement offer from Roche Laboratories.
- Early 2010: A New Jersey jury awarded $25.6 million, the largest Accutane compensation sum to date, to conclude the Accutane trial of plaintiff Andrew McCarrell. Mr. McCarrell now has no colon. It had to be removed after he endured five separate surgeries for bowel disorders stemming from his past Accutane use.
- There have been almost 1,000 separate Accutane lawsuits filed, and there are consistent allegations across the board that the manufacturer failed to provide appropriate warning to users about the serious side effects associated with Accutane. In the majority of these cases, it has been decided that Roche was indeed negligent, and the drugmaker has been held financially responsible.
- To date, Roche has been ruled against in every Accutane lawsuit related to bowel disease that has gone to trial. The amount Roche has been ordered to pay to plaintiffs is more than $56 million.
Nevertheless, any responsible Accutane lawyer will caution that past performance is not always an accurate indicator of future events. But it can be safely said that the plaintiffs of many Accutane lawsuits have presented cases that have moved juries to rule in their favor in record-high compensation sums.
Thursday, February 17, 2011
Accutane Lawsuits to Reach Trial in 2011
Roche, the manufacturer of prescription drug Accutane, is expected to have a trying year. They face various lawsuits which will be coming to trial soon. The State Court of New Jersey is preparing to hear several cases in 2011 which all concern the dangerous side effects of Accutane. Seven such cases have already been tried in New Jersey, and Roche lost every single one. In some of the cases, however, the verdict was overturned following an appeal, with the lawsuits involved being retried or scheduled for retrial.
New Jersey Home to Thousands of Accutane Lawsuits
Right now approximately 2,500 Accutane lawsuits are pending in the State Court system of New Jersey. It has been determined that in 2011 Judge Carol E. Higbee of Atlantic County will hear these cases, which have been centralized into a single Mass Tort. The allegations common to every individual lawsuit are that Roche failed to give sufficient warning to users and their doctors with respect to the severe side effects Accutane use can entail. Furthermore, there are claims that Roche had knowledge of said side effects, but deliberately omitted this information from patient brochures until the drug had already been on the market for years. Among the side effects are potential bowel disorders such as ulcerative colitis, Crohn’s disease, and inflammatory bowel disease (IBD).
In 2010, three Accutane lawsuits that were awaiting trial in New Jersey were deferred until a later date after several verdicts against Roche were overturned by an appellate court. One of the plaintiffs affected by this postponement is American actor James Marshall. Along with his case, two others were delayed as a result of the appellate court’s ruling: Gaghan v. Hoffman-La Roche, Inc., and Andrews v. Hoffman-La Roche, Inc. These two lawsuits are now scheduled to be heard concurrently with Marshall’s lawsuit.
As Accutane Trials Draw Near, Roche Faces a Difficult Year
Switzerland is the home of pharmaceutical manufacturer Roche; however its U.S. base is located in New Jersey. The headquarters of the Roche department in charge of Accutane production and manufacture are located in Nutley, New Jersey. The entirety of the Accutane lawsuits awaiting trial at this time shall be heard in the State Court of New Jersey.
Though 2011 is expected to be a particularly challenging year for Roche, it is doubtful that their difficulties will end in just twelve months. There are vast numbers of former Accutane consumers who believe they have just reason for initiating a lawsuit against Roche. Only in time will it become known precisely how many patients suffered damages as a consequence of Accutane use, and how many of those victims will decide to file lawsuits against Roche.
Tuesday, February 15, 2011
Serious Side Effects from Accutane Lead to Lawsuits
More than 13 million U.S. citizens used acne treatment medication Accutane before its 2009 recall. Frequently, users experienced Accutane side effects such as headache, nosebleed, and dry lips, among other similar symptoms. However Accutane did provoke much more serious side effects in some users, such as ulcerative colitis and Crohn’s disease. Currently there are more than 1,000 Accutane lawsuits making their way through the U.S. court system, and if you are a former Accutane consumer negatively affected by the drug’s side effects, it’s not too late to file a lawsuit of your own.
Accutane’s Life-Altering Side Effects
It was known for years that isotretinoin, the active compound in Accutane, causes grave birth defects in babies if consumed by a pregnant patient. In the last decade it has also been established that Accutane brings about serious gastrointestinal side effects as well. The American Journal of Gastroenterology published a study in March 2010 that proved that Accutane users had a 4 times greater chance of coming down with ulcerative colitis than non-users. The findings of this study were corroborated by several other studies. Ulcerative colitis and Crohn’s disease are both critical inflammatory bowel conditions. Ulcerative colitis is permanent in some cases, and can also lead to removal of the colon.
Accutane Retired, but Not Recalled
Actually, Accutane was never officially recalled by the FDA. The manufacturer of Accutane, Swiss-based company Roche, volunteered to withdraw Accutane from the market in the United States and 11 additional countries in June 2009. They cited economic concerns as the motivation for this decision, which were likely due to pressure from the many generic forms of isotretinoin as well as the considerable resources Roche was pouring into the Accutane lawsuits. Some theorize that Roche pulled their medication in order to avoid an actual recall ordered by the FDA. But in August 2010, about one year after Roche’s voluntary recall, the FDA published a statement that it had no intention of recalling the generic forms of Accutane in the near future. Today isotretinoin is widely available and can be acquired under the brand names Claravis, Sotret, and Amnesteem.
Accutane Lawsuits and Settlements
Thus far, more than 1,000 Accutane lawsuits are underway in the United States. As of August 2010 only six of these had received a trial and a verdict, and in all six cases it was decided in favor of the plaintiff. As of press time, it was reported that Roche has paid more than $60 million in total compensation to victims. In a particularly important decision, Roche was ordered to pay $25 million to a sole plaintiff in Alabama whose colon had had to be removed as a direct result of Accutane side effects. There are many other individuals with equally legitimate claims against Roche, and it is highly likely that the payouts and settlements will total millions more.
Friday, February 11, 2011
Accutane Litigation Eligibility
Accutane was a popular acne medication that helped many people with severe acne who did not respond so effectively to treatments such as antibiotic pills and topical ointments. However, it was voluntarily pulled from its circulation in the US pharmaceuticals market in 2009, allegedly due to generic competition from similar products. However, the number of lawsuits pouring in from consumers who have experienced severe side effects from Accutane has led some critics to raise eyebrows at the medication as well as the corporation’s lack of warnings to consumers regarding their product.
Over 2,500 lawsuits against Roche, the Swiss manufacturer of Accutane, have already begun litigation, meaning that the cases are already at some stage in the state or federal court system. Some of the lawsuits have already been decided, either by a jury or by an out-of-court settlement, and Roche has paid $60 million in settlements to various victims of the side effects of their product. Although there is no guarantee what kind of payoff a plaintiff will receive for his or her suffering, one man filed a lawsuit against Roche due to side effects he had suffered and received $25 million from the corporation after a jury decision in his favor. Other plaintiffs have received smaller sums, but most of them are significant – every jury decision in the plaintiff’s favor has netted them at least $5 million.
All of the winning lawsuits so far have been related to gastrointestinal diseases such as inflammatory bowel disease, ulcerative colitis, and Crohn’s disease, all of which Accutane has been definitively linked to. However, the drug is suspected to cause other side effects such as birth defects, depression, and thoughts of suicide. Since these things cannot necessarily proven, people who are considering filing suit against the company should consult with a lawyer who has worked with Accutane lawsuits in order to determine if they have a case.
Accutane Plaintiffs Win Awards in Court
James Marshall, Andrew McCarrell, and Adam Mason are not names that you may know, but they are involved in cases that may shape the outcomes of many people’s lives – they are three men who have filed suits against Roche, the manufacturer of the acne medication Accutane, and two of these men have won significant settlements from the company, possibly shaping the outcomes of future lawsuits.
James Marshall was an aspiring Hollywood actor, snagging parts in Twin Peaks, A Few Good Men, and Gladiator before he was forced to have his colon removed due to inflammatory bowel disease. His case is on hold due to the retrial of a similar Accutane-related lawsuit in New Jersey. Andrew McCarrell initially won $2.62 million from Roche in 2007 after Accutane left him needing five surgeries and a removed colon, but the drugmaker appealed the decision and won. McCarrell, a computer programmer from Alabama, was allowed a retrial in 2010 and won a final settlement of $25.16 million. Adam Mason’s case was also appealed by Roche, but he ended up netting $7 million in damages after developing Crohn’s disease after being prescribed Accutane in 1991.
Accutane was a heavy-duty acne medication, used in the treatment of acne that was not helped by other methods such as ointments and antibiotics, that was pulled from the shelves in 2009 – purportedly due to generic competition, but evidence points towards the increase in the reports of side effects associated with the medication, as well as the many Accutane lawsuits the company is now being forced to deal with. Unfortunately, Marshall, McCarrell, and Mason are not the only people who have suffered because of Accutane, but thanks to the lawsuits that have achieved settlements for their plaintiffs due to their pain and suffering they have endured as well as medical costs and losses in their income.
Accutane Settlements & Awards in Excess of $50 Million To Date
As it stands now, Roche, the Swiss drugmaker responsible for Accutane, has not yet made public any settlement amount related to the numerous lawsuits filed against them. This fact does not preclude the possibility of individual plaintiffs having reached out of court settlements with Roche. Indeed, many victims of the grave side effects Accutane is known to produce have been awarded substantial compensation by way of a court decision. In actuality, the first seven lawsuits that did reach a trial have obtained more than $50 million in payments for damages suffered. This works out to an average of $7 million apiece.
Most Significant Accutane settlements and jury awards
$25.16 million—Andrew McCarrell of Alabama, a computer programmer and former Accutane user, received the largest award thus far after Roche chose to appeal a previous award of $2.62 million. Atlantic City, New Jersey is home to the court where McCarrell filed his lawsuit. The court’s decision in his lawsuit became so well publicized that it motivated hundreds of other erstwhile Accutane users throughout the United States to bring their own lawsuits against manufacturer Roche.
$7 million—As a result of ongoing Accutane use in the 1990s, Adam Mason contracted Crohn’s disease, a chronic condition. A Florida jury arrived at this amount after finding that Roche had made the hazardous side effects listed on the drug’s label appear less serious than they actually are. His considerable award consisted of $5 million for future pain and suffering, and $766,500 for pain and suffering already experienced. $110,000 was determined to be the amount of lost earnings, while $617,500 denotes lost future earning capacity. $387,500 of the grand total was apportioned for future medical expenses.
$10.5 million—In April 2008, Utah resident Kamie Kendall was meant to be awarded more than $10 million after an Atlantic City jury ruled in her favor. Kendall suffered bowel disease as a result of using Accutane. A court of appeals did overturn this decision when they learned that Roche was denied sufficient opportunity to share statistics connected with Accutane use. The case has been sent to retrial, and as a result the prominent Accutane lawsuit brought by actor James Marshall is also on hold. Each of these trials is also tied in with at least one other Accutane lawsuit filed in New Jersey. Additional people who have suffered dangerous side effects from Accutane are now closely following the case in anticipation of a jury award or pre-trial settlement.
$???—Jason Peipert was an Accutane user for fewer than six months in 1999, yet he was stricken with inflammatory bowel disease (IBD) as a result. He initiated a lawsuit against Roche in 2003, filing his case in an Illinois court. Finally, in early 2010, Roche and Peipert agreed to an out-of-court settlement with less than one month to go before the trial. The exact quantity he received for his Accutane settlement has not been disclosed.