Inflammatory Bowel Disease Trials Against Accutane Result In Large Verdict

The number of Accutane lawsuits filed in New Jersey state court by individuals who experienced severe intestinal problems, such as inflammatory bowel disease (IBD), ulcerative colitis and Crohn’s disease, continue to pour in. In April, a New Jersey jury awarded $2 million in damages to a woman who developed ulcerative colitis from Accutane. However, the same jury declined to award damages to two other plaintiffs involved in the same trial. A New Jersey jury has hit the pharmaceutical company that makes Accutane with a $25.16 million judgment in a lawsuit filed by an Alabama man who blamed the drug for his inflammatory bowel disorder. Thirty-eight-year-old Andrew McCarrell of Moody, Ala., took the acne drug in his 20s. He says Hoffmann-La Roche Inc. failed to adequately warn of serious Accutane side effects. McCarrell eventually had his colon removed.

All of the suits against Accutane’s manufacturer, Hoffmann-La Roche, involve allegations that side effects of Accutane, a popular acne medication developed by Roche, caused users to develop severe gastrointestinal problems. Plaintiffs allege that Roche and generic drug makers failed to adequately research the medication or warn about the risk of inflammatory bowel disease, which could include ulcerative colitis and Crohn’s disease. Although the manufacturer of Accutane and generic drug makers who have marketed generic Accutane since 2002 have been aware of the risk of Accutane bowel side effects for years, they have failed to take adequate steps to warn consumers and the medical community about the extent of the risk. Information provided about the risk of Accutane bowel problems has been vague and confusing, leaving many prescribing doctors and their patients unclear about the extent of the risk and impact of the damage it can cause.

According to a filing in late July, there are now at least 5,169 lawsuits over Accutane that have been filed in New Jersey state court, representing a sharp increase from the 3,223 suits reported as of early May 2011. The McCarrell verdict was originally overturned and Hoffmann-La Roche entered into a retrial that resulted in that much larger judgement against the manufacturer of Accutane.