Wednesday, November 16, 2011

Accutane Ulcerative Colitis Cases Being Appealed

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.

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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