Although Roche, the manufacturer of the popular acne medication, was aware of the potential Accutane bowel side effects for years, they failed to take adequate steps to warn consumers and the medical community about the extent of the risk.
There
are now over 6,000 Accutane inflammatory bowel disease (IBD)
lawsuits pending in a New
Jersey mass tort litigation that
began five years ago. Over the summer, more than 1,500 lawsuits were filed in
the Accutane litigation, and it is expected that more cases will be filed in the
future. 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.
In recent years, a number of generic Accutane lawsuits have
been filed against drug makers for failing to warn about the risk of
inflammatory bowel disease from the acne medication. A
recent ruling was issued by the Supreme Court, which ruled that
generic drug companies cannot be held liable for failing to warn about known
side effects of medications they sell, so long as their labels are identical to
those of the original brand-name product. Accutane lawyers argue that, because generic drug makers are
required to replicate the warning labels of the brand name drugs they clone,
patients were made equally unaware of the dangerous risks of gastrointestinal
injury they faced as a result of taking isotretinoin.
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