Accutane Retrial Could Pose Problems for Plaintiff

Although the 2008 trial Kendall v. Roche won plaintiff Kamie Kendall a significant amount in damages, defense lawyers for the pharmaceuticals giant responsible for controversial acne drug Accutane were able to reverse the decision, leading to a future retrial for the case. This does not necessarily mean that Kendall will lose her case; in fact, such retrials have proven successful for plaintiffs such as Andrew McCarrell, whose Accutane win was appealed and the retrial granted him almost ten times more than the original amount he had been awarded.

Kamie Kendall will resume her Accutane Lawsuit against the Swiss drugmakers in late summer. With the date of her trial quickly approaching, lawyers on both sides of the decision are scrounging for evidence that will bolster their cases. Although the date of the trial is quickly approaching, there is still a chance that Roche could settle with the plaintiff, an ideal situation in such a case because Roche would not need to disclose trade secrets and other sensitive information that might otherwise be revealed during the course of a trial.

Kamie Kendall’s case was part of an ongoing mass tort liability case surrounding banned acne drug Accutane, which has been linked to gastrointestinal problems and other Accutane side effects in a number of patients. She was awarded damages of ten and a half million dollars based on the jury decision in her case.

Roche appealed this decision based on the fact that the defendants were prevented from revealing statistical evidence regarding the number of Accutane users in the country versus the number of users who had developed inflammatory bowel disease and other side effects previously linked to the medication.

Accutane, which was pulled from markets by Roche in 2009 – allegedly due to generic competition – was a powerful acne medication that was often prescribed to patients for whom other treatments – such as topical ointments and antibiotic pills – did not work. However, some patients developed serious and lasting side effects related to inflammatory bowel disease and other conditions, side effects which were not outlined on Accutane labels. Victims suffering from the dangerous side effects of Accutane are urged to contact an experienced Accutane lawyer immediately.