Friday, February 11, 2011

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.

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