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.