Accutane Lawsuit Trial Set for Second Go

Plaintiff Kamie Kendall filed an Accutane lawsuit against drugmaker Roche in 2008, the manufacturers of once-popular acne treatment drug Accutane. Accutane is a strong acne-fighting drug that was intended for use only in patients for which other treatments, such as antibiotic treatments and topical ointments, did not work. However, doctors often prescribed the drug to patients with mild to moderate acne (instead of moderate to severe) as a quick and effective fix for skin issues. The drug was discontinued by its manufacturer in 2009, purportedly due to generic competition, but Accutane was already surrounded by controversy at that time.

            Like many victims of Accutane side effects, Kamie Kendall suffered from a severe case of inflammatory bowel disease beginning after she first began Accutane treatment at the age of 12. Ms Kendall has had to endure the removal of her colon and several hospitalizations associated with the condition, and saw significant changes to her quality of life resulting from long term side effects of Accutane. She

was one of the first few plaintiffs to see her Accutane case go to trial, and the jury ruled in her favor. She ended up winning $10.5 million in compensatory damages.

            Roche quickly appealed the decision, arguing that they were not allowed to present evidence comparing the number of Accutane users and the frequency of inflammatory bowel disease. During this new trial, Roche will be able to present this evidence, which could build up their case somewhat. However, the trial could be even more costly to Roche, who made a similar mistake years ago that cost them millions.

            Plaintiff Andrew McCarrell was awarded more than two million dollars for his Accutane case back in 2007, and Roche appealed this decision too. During the second trial, the jury once again ruled with the plaintiff, this time awarding him a greatly increased sum of more than $25 million, even after Roche provided the same evidence they are so keen to display at Ms Kendall’s trial.

            It is also possible that Roche could choose to settle outside of court with Kamie Kendall. If they choose to do this, the amount they offer her will likely remain undisclosed.