Monday, April 11, 2011

James Marshall Settlement Still Up in the Air

Although there has been no settlement amount yet released to the public related to the ongoing Accutane trials, legal experts can speculate based on previous Accutane settlement amounts. More than three thousand Accutane lawsuits have been filed and there is no telling how many more are on their way to the courts. In the past, plaintiffs have received millions of dollars from Accutane settlements and there is no reason to doubt that this will also be the case in subsequent trials.
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.

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