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Thus far, more than 1,000 Accutane lawsuits have been filed across the nation since the acne treatment medication was withdrawn from the U.S. market in July 2009.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.