Drugmaker Roche was responsible for the
manufacture of discontinued acne drug Accutane, which was recalled by the
company after being linked to serious gastrointestinal conditions including accutane
ulcerative colitis and Crohn’s disease. Accutane lawyer are handling
thousands of cases from patients whose conditions developed after they began
treatment with the powerful medication. Plaintiffs in Accutane cases are
seeking compensation that can help cover ongoing medical bills, as the
conditions some Accutane users develop are chronic and without cure and most
involve major surgery, sometimes even necessitating the removal of parts of the
colon or intestines.
A few years ago, a former Accutane patient
named Andrew McCarrell filed accutane lawsuit because he had developed ulcerative colitis after taking Accutane,
which resulted in five painful surgeries and the eventual removal of his colon.
After his colon was removed he was diagnosed with Crohn’s disease, another
serious gastrointestinal condition that will be with McCarrell for the rest of
his life.
During this initial lawsuit, a jury awarded McCarrell over $2 million in damages. Roche quickly appealed this decision, but during a second trial, the jury awarded the plaintiff more than $25 million in damages—a huge increase, and a windfall for McCarrell. Now Roche has once again made a move to appeal the result, although the appeal has not yet been granted. It is still pending.
During this initial lawsuit, a jury awarded McCarrell over $2 million in damages. Roche quickly appealed this decision, but during a second trial, the jury awarded the plaintiff more than $25 million in damages—a huge increase, and a windfall for McCarrell. Now Roche has once again made a move to appeal the result, although the appeal has not yet been granted. It is still pending.
Roche has also appealed the decision for
plaintiff Kamie Kendall, who, like McCarrell, now suffers from debilitating
inflammatory bowel disease after taking Accutane for acne as a teenager. Ms.
Kendall and her lawyers are prepared to fight Roche once again. They could win,
but there is also the risk that Ms. Kendall could lose her entire $10.5 million
award that was decided for her after the first jury trial.
Roche’s constant trend towards appealing
court decisions could take more than money away from patients—it also robs
plaintiffs of their personal time, and could take an emotional toll as well. A
plaintiff who has won his or her case against the Drugmaker they say wronged
them is likely to be extremely relieved that this chapter of his or her life is
over. If the decision is challenged, it could open up wounds that a patient was
determined to move on from.
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