Tuesday, October 25, 2011

Over 6,000 Accutane Lawsuits Have Been Filed in Mass Tort

Approved by the Food & Drug Administration (FDA) in 1982, Accutane has been the subject of controversy for years. It first garnered attention in the late eighties for causing severe birth defects. It has also been known to cause psychiatric problems, and has been linked to hundreds of cases of suicide in the United States. It was recently announced on October 4th that Accutane lawsuits had just reached 6,384 cases. This means there has been an addition of nearly 1,200 cases since August. The spike in Accutane claims filed in New Jersey comes on the heels of a court ruling there that found the statute of limitation for such lawsuit should be based on when plaintiffs discovered there could be a connection between the Accutane and their bowel disorder.
All of the suits 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 Accutane ulcerative colitis and Crohn’s disease. 
Judge Carol E. Higbee is overseeing the Accutane litigation in New Jersey state court, which has been centralized as a mass tort in Atlantic County. Roche has not had a great track record when it comes to defending Accutane lawsuits. Bloomberg News reported in August that Roche has lost all seven Accutane cases that have been considered by juries since 2007. Juries in New Jersey and Florida ordered the drug maker to pay a total of at least $45 million in damages in those cases.
As to whether or not Roche will begin to seek Accutane lawsuit settlements in these cases remains unclear, but it seems most likely that the number of cases facing the drug company will only continue to sky rocket in the coming year. The spike in Accutane claims filed in New Jersey comes on the heels of a court ruling there that found the statute of limitation for such lawsuit should be based on when plaintiffs discovered there could be a connection between the Accutane and their bowel disorder.

1 comment:

  1. Anyone have an idea on a timeframe for the mass tort to be resolved ? Our case was filed 14 months ago and has been consolidated in the tort.

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