Wednesday, May 4, 2011

Deadline Set For Consolidation

In an update on ongoing litigation involving Accutane, Superior Court Judge Carol E. Higbee, who is presiding over the New Jersey Accutane trials, has stated that the generic Accutane lawsuits should also be part of the same multidistrict litigation mass tort program. The once popular acne medication, Accutane, is currently engaged in lawsuits filed in multidistrict litigation numbering over 3,000.



On March 14th, the Administrative Director of the Courts of New Jersey sent considerations to the state bar to consolidate Accutane litigation cases that address allegations against both the brand name drug as well as the generic versions. If litigation against the generic Accutane manufacturers is consolidated without objection, the number of lawsuits will likely rise significantly.

The New Jersey courts have set the Accutane lawsuit consolidation deadline at April 15th for any comments or objections to the proposed consolidation. If successful, the defendants will include Mylan Pharmaceuticals, Genpharm, and Barr Pharmaceuticals among others alongside Hoffmann-La Roche.
The consolidated Accutane lawsuits allege that the manufacturers of the drugs failed to provide adequate warnings regarding the risk Accutane posed. Many plaintiffs contend that had they known about the consequences regarding Accutane and its design purpose to treat a specific type of acne resistant to antibiotics, they would not have taken the drug.  Accutane lawyers are evaluating cases of serious injury and settlements have already been in the multi-million dollar range.

It has been shown in recent years that Accutane has been the cause of previously unknown side-effects as an increasingly higher dosage will result in higher toxicity, resembling vitamin A toxicity. Accutane side effects include depression, birth defects and the most common- inflammatory bowel disease (IBD) in the form of Crohn’s Disease and ulcerative colitis. Despite the name brand having been discontinued in June 2009, the drug (also known as isotetinoin) is still available in generic forms under other labels such as Sotret, Amnesteem, and Claravis.

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