Understanding Accutane Settlements and Jury Verdicts

If you have suffered negative side effects from prescription drug Accutane, informing yourself of the facts surrounding the ongoing Accutane litigation is essential. Lawsuits can be resolved through a settlement or a jury verdict, and it is important to understand the difference.

Accutane Lawsuits So Far

Thus far, more than 1,000 Accutane lawsuits have been filed across the nation since the acne treatment medication was withdrawn from the U.S. market in July 2009. Accutane has been linked to severe gastrointestinal side effects such as ulcerative colitis and inflammatory bowel disease.

As of August 2010, six of these lawsuits have reached a trial and received a verdict. A jury verdict was decided in all six, in favor of the plaintiff. So far, Swiss drugmaker Roche, the manufacturer of Accutane, has paid more than $50 million in damages to former Accutane users who filed suit.

Accutane Trial Trends

If Roche had reached a settlement with the plaintiffs mentioned above, they almost certainly could have saved themselves a lot of money. The damages imposed by jury verdicts have been high and have attracted a lot of media attention. In one instance, a Florida jury awarded an Accutane plaintiff $25 million. In this much-publicized case, Roche appealed the decision, which the judge decided to uphold. If Roche had settled out of court they could have avoided a costly lawsuit as well as numerous mentions in the news. However the lawyers defending Roche felt confident that they could win, and by doing so hoped to set a precedent that would work to their benefit for future Accutane trials. Instead, they have argued and lost in six successive trials and it has cost them dearly.

How an Accutane Jury Verdict Works

When an Accutane lawsuit reaches trial, the court will make a decision either in favor of the plaintiff (the individual or people who filed the lawsuit) or in favor of the defendant (in these cases, Accutane manufacturer Roche). When the court declares the plaintiff the winner of the case, the defendant may be required to compensate the plaintiff for damages suffered, normally in the form of a specific sum. A jury verdict may be appealed to a higher court by the losing party if they feel that they have just cause for an appeal, such as judicial error.

How an Accutane Settlement Works

Once a lawsuit has been filed, the defendant and the plaintiff may decide to negotiate outside the courtroom and agree upon a settlement sum. An out-of-court settlement may be reached during pre-trial proceedings, such as consolidation for MDL (multi-district litigation) or even while the case is being tried. Typically a settlement will consist of monetary compensation paid to the plaintiff by the defendant, and if a settlement is reached then the plaintiff agrees to release the defendant from the lawsuit and any further liability.

Possibilities for Accutane Plaintiffs

Roche may have had enough of being on the losing side of Accutane trials. In May 2010 the pharmaceutical company reached an Accutane settlement with a plaintiff in Illinois. The man in this case had filed a lawsuit against Roche after being stricken with severe Accutane side effects. The terms of his settlement were not announced, but the fact that a settlement took place sends an important message: it may now be easier for other Accutane victims to obtain a settlement of their own.

Accutane: the Suicide Pill

The decision to take Accutane is a very tough one. On one hand, the drug has been effective at treating even the worst cases of acne. On the other hand, it carries a possible connection with severe depression, and even suicide. This makes the decision to take drugs containing isotretinoin, like Accutane difficult. If you, or someone you know, has severe acne, and nothing has worked for you so far, then you may be faced with this difficult decision.

Some Severe Side Effects

The list of severe side effects from Accutane is staggering. It includes, but is not limited to:

• Injuries less likely to heal
• Infections
• Impetigo
• Paronychia
• Liver Damage
• Birth Defects
• Severe Depression
• Suicide

However, this is not the complete list. Some more less severe side effects include:

• IBD
• Crohn’s disease
• Eczema
• Muscle Pain
• Sunlight sensitivity
• Nails that are brittle
• Skin dryness
• Menstrual issues
• Violent actions
• Allergies

That is quite the list of side effects. All of them should be read and understood before taking the drug.

The Worst Side Effect

Easily the worst side effect that Accutane has, suicide due to Accutane, has already claimed lives.
Studies have shown that Accutane and other drugs like it can greatly increase the risk for suicide. The most famous case, and most famous death due to suicide from Accutane is that of young B.J. Stupak. He ended his own life with a gun shot. His father, a congressman, launched a massive investigation into Accutane. His investigation found that Accutane may seriously increase the risk for severe depression which leads to suicide.

His investigation also uncovered an FDA memo highlighting the risk between taking Accutane and birth defects. The FDA questioned taking Accutane off the market for that very reason. Perhaps if they would have gone through with taking it off the market, they would have saved lives.

Accutane Lawsuits Finally Reach Court

After months of delay, the Accutane lawsuits of plaintiffs Kelley Andrews, Gillian Gaghan, and James Marshall are set to begin in New Jersey. Although only a few of the thousands of plaintiffs who have filed suit due to Accutane-related side effects are represented in this trial, it is notable in that it is testing the waters, so to speak, for future trials.

Accutane is a powerful acne medication that was often prescribed in severe cases when antibiotics and topical ointments weren’t doing the trick, but it was pulled from the market by its manufacturer, Hoffman-La Roche, in 2009. The recall was allegedly due to competition from generic products, but Hoffman-La Roche was already being flooded with lawsuits due to the side effects associated with the medication. Among these were those filed by Andrews, Gaghan, and Marshall – the three plaintiffs are all filing suit because they suffer from inflammatory bowel disease that they believe comes from Accutane. Inflammatory bowel disease, or IBD, encompasses conditions such as ulcerative colitis and Crohn’s disease.

Although the trial was originally scheduled to take place last fall, it was delayed after a New Jersey appeals court reversed a decision that would have awarded plaintiff Kamie Kendall $10.5 million. Kendall’s colon was removed due to Accutane side effects. The reversal came when a judge determined that Hoffman-La Roche was not given a fair opportunity to present data on the total number of people who have used Accutane during the trial. A retrial is due to take place, with jury selection set to begin in May.

Although the cases are all different, the three plaintiffs in this trial have something in common – they have suffered due to a medication that was meant to improve their lives. Marshall was an aspiring actor, who had a role in A Few Good Men shortly before he had to have his colon removed. Gaghan developed lupus as a result of her IBD treatment. Each of these plaintiffs deserves to have their say in court.

Accutane Cases Settled Out of Court

Hoffman-La Roche, the manufacturers of now-defunct acne drug Accutane, have claimed that the removal of their product from the market was caused by competition from generic products, but evidence points to something else entirely – the multitude of lawsuits filed by former patients of the drug that claim serious side effects such as bowel disease as a result of taking the medication. Other complaints include an increased risk of suicide as well as birth defects.

Each of the lawsuits that have gone to trial against the corporation have turned out with the juries siding with the plaintiff, meaning that the victims of the serious side effects of the drug have been receiving settlements to benefit them after whatever ordeal they may have suffered because of the medication. For example, hairdresser Kamie Kendall won a settlement of $11 million after she claimed that Accutane, which she had been prescribed at age 12, had caused her to develop ulcerative colitis.

An unnamed plaintiff was awarded $2.25 million when her child was born with severe heart defects caused by the drug, and the family of a teenage boy who had been prescribed Accutane settled with the company out of court after alleging that his prescription had contributed to the circumstances surrounding his Accutane-related suicide. The lawsuits against the company claim that Hoffman-La Roche marketed and sold its product with at least some knowledge that it could cause bowel diseases, birth defects, and contribute to psychiatric problems but neglected to inform either patients or doctors about these risks.

Despite the fact that the drug has not been on the market since it was pulled in 2009, the court system is still overwhelmed by lawsuits against the medication that are still awaiting either trial or settlement. Many of these suits will go to trial in 2011.

Verdicts in Accutane Lawsuits Favor Plaintiffs

There have been many Accutane side effects lawsuits filed against Roche, the Swiss drugmaker responsible for the acne-fighting medicine. Early reports made public some of the Accutane settlements, and helped speed Accutane’s removal from pharmacy shelves across the United States. Lawyers with experience handling Accutane lawsuits will most often take into consideration the fact that the claim may be settled out of court. Thus far, Roche has faced a series of losses in the courtroom. The verdicts handed down by juries have consistently been in favor of plaintiffs, and the defendant has been required to make several considerably large payments to compensate plaintiffs for pain and suffering related to Accutane side effects. Those individuals currently awaiting trial for their Accutane lawsuits should be optimistic about their chances of receiving fair compensation from Roche.

Accutane’s Many Serious Side Effects Come to Light

Accutane, which was introduced in the 1980s, is a remarkably effective treatment for individuals struggling with acne. However it also has been found to produce serious side effects in many users, leading to its discontinuation in America in June of 2009. Roche, the Swiss manufacturer of Accutane, stated that their decision to withdraw Accutane from the U.S. market was a direct effect of the costs involved in defending against Accutane side effects lawsuits.

Even though Roche withdrew Accutane, there are still several generic forms of the same drug that continue to be available. All versions of this medication are capable of producing severe side effects that can endanger the health and life of consumers. It’s no surprise that numerous lawsuits have been filed as a result. Some of these are still pending, while others have been settled before reaching trial.

A research study first published in the American Journal of Gastroenterology reported that Accutane use leads to quadruple the risk of developing ulcerative colitis. This same study also linked increased doses of Accutane to increased risk of contracting a serious inflammatory bowel disease. It has been effectively determined that there is a direct causal relationship between Accutane and bowel disorders.

In February 2010, Health Canada advised caution to all Accutane users based on multiple reports of serious skin reactions, including Stevens-Johnson Syndrome, which is known to be fatal in some cases. Health Canada referred to 66 different reports of severe skin conditions resulting from Accutane use. Two of these 66 were fatal.

Most Recent Accutane Lawsuit Reports:

• May 2010: Jason Peipert, a former Accutane user, claimed that he had contracted severe inflammatory bowel disease (or IBD) brought on by Accutane consumption. His lawsuit was settled before reaching trial when Mr. Peipert agreed to a settlement offer from Roche Laboratories.
• Early 2010: A New Jersey jury awarded $25.6 million, the largest Accutane compensation sum to date, to conclude the Accutane trial of plaintiff Andrew McCarrell. Mr. McCarrell now has no colon. It had to be removed after he endured five separate surgeries for bowel disorders stemming from his past Accutane use.
• There have been almost 1,000 separate Accutane lawsuits filed, and there are consistent allegations across the board that the manufacturer failed to provide appropriate warning to users about the serious side effects associated with Accutane. In the majority of these cases, it has been decided that Roche was indeed negligent, and the drugmaker has been held financially responsible.
• To date, Roche has been ruled against in every Accutane lawsuit related to bowel disease that has gone to trial. The amount Roche has been ordered to pay to plaintiffs is more than $56 million.

Nevertheless, any responsible Accutane lawyer will caution that past performance is not always an accurate indicator of future events. But it can be safely said that the plaintiffs of many Accutane lawsuits have presented cases that have moved juries to rule in their favor in record-high compensation sums.

Accutane Lawsuits to Reach Trial in 2011

Roche, the manufacturer of prescription drug Accutane, is expected to have a trying year. They face various lawsuits which will be coming to trial soon. The State Court of New Jersey is preparing to hear several cases in 2011 which all concern the dangerous side effects of Accutane. Seven such cases have already been tried in New Jersey, and Roche lost every single one. In some of the cases, however, the verdict was overturned following an appeal, with the lawsuits involved being retried or scheduled for retrial.

New Jersey Home to Thousands of Accutane Lawsuits

Right now approximately 2,500 Accutane lawsuits are pending in the State Court system of New Jersey. It has been determined that in 2011 Judge Carol E. Higbee of Atlantic County will hear these cases, which have been centralized into a single Mass Tort. The allegations common to every individual lawsuit are that Roche failed to give sufficient warning to users and their doctors with respect to the severe side effects Accutane use can entail. Furthermore, there are claims that Roche had knowledge of said side effects, but deliberately omitted this information from patient brochures until the drug had already been on the market for years. Among the side effects are potential bowel disorders such as ulcerative colitis, Crohn’s disease, and inflammatory bowel disease (IBD).

In 2010, three Accutane lawsuits that were awaiting trial in New Jersey were deferred until a later date after several verdicts against Roche were overturned by an appellate court. One of the plaintiffs affected by this postponement is American actor James Marshall. Along with his case, two others were delayed as a result of the appellate court’s ruling: Gaghan v. Hoffman-La Roche, Inc., and Andrews v. Hoffman-La Roche, Inc. These two lawsuits are now scheduled to be heard concurrently with Marshall’s lawsuit.

As Accutane Trials Draw Near, Roche Faces a Difficult Year

Switzerland is the home of pharmaceutical manufacturer Roche; however its U.S. base is located in New Jersey. The headquarters of the Roche department in charge of Accutane production and manufacture are located in Nutley, New Jersey. The entirety of the Accutane lawsuits awaiting trial at this time shall be heard in the State Court of New Jersey.

Though 2011 is expected to be a particularly challenging year for Roche, it is doubtful that their difficulties will end in just twelve months. There are vast numbers of former Accutane consumers who believe they have just reason for initiating a lawsuit against Roche. Only in time will it become known precisely how many patients suffered damages as a consequence of Accutane use, and how many of those victims will decide to file lawsuits against Roche.

Serious Side Effects from Accutane Lead to Lawsuits

More than 13 million U.S. citizens used acne treatment medication Accutane before its 2009 recall. Frequently, users experienced Accutane side effects such as headache, nosebleed, and dry lips, among other similar symptoms. However Accutane did provoke much more serious side effects in some users, such as ulcerative colitis and Crohn’s disease. Currently there are more than 1,000 Accutane lawsuits making their way through the U.S. court system, and if you are a former Accutane consumer negatively affected by the drug’s side effects, it’s not too late to file a lawsuit of your own.

Accutane’s Life-Altering Side Effects

It was known for years that isotretinoin, the active compound in Accutane, causes grave birth defects in babies if consumed by a pregnant patient. In the last decade it has also been established that Accutane brings about serious gastrointestinal side effects as well. The American Journal of Gastroenterology published a study in March 2010 that proved that Accutane users had a 4 times greater chance of coming down with ulcerative colitis than non-users. The findings of this study were corroborated by several other studies. Ulcerative colitis and Crohn’s disease are both critical inflammatory bowel conditions. Ulcerative colitis is permanent in some cases, and can also lead to removal of the colon.

Accutane Retired, but Not Recalled

Actually, Accutane was never officially recalled by the FDA. The manufacturer of Accutane, Swiss-based company Roche, volunteered to withdraw Accutane from the market in the United States and 11 additional countries in June 2009. They cited economic concerns as the motivation for this decision, which were likely due to pressure from the many generic forms of isotretinoin as well as the considerable resources Roche was pouring into the Accutane lawsuits. Some theorize that Roche pulled their medication in order to avoid an actual recall ordered by the FDA. But in August 2010, about one year after Roche’s voluntary recall, the FDA published a statement that it had no intention of recalling the generic forms of Accutane in the near future. Today isotretinoin is widely available and can be acquired under the brand names Claravis, Sotret, and Amnesteem.

Accutane Lawsuits and Settlements

Thus far, more than 1,000 Accutane lawsuits are underway in the United States. As of August 2010 only six of these had received a trial and a verdict, and in all six cases it was decided in favor of the plaintiff. As of press time, it was reported that Roche has paid more than $60 million in total compensation to victims. In a particularly important decision, Roche was ordered to pay $25 million to a sole plaintiff in Alabama whose colon had had to be removed as a direct result of Accutane side effects. There are many other individuals with equally legitimate claims against Roche, and it is highly likely that the payouts and settlements will total millions more.