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One Plaintiff Prevails in Accutane IBD Lawsuit

Apr 26, 2011 | Parker Waichman LLP

The latest Accutane lawsuit trial has ended with mixed results for plaintiffs.  A New Jersey jury did award one Accutane plaintiff $2 million after finding that the acne drug was a substantial factor in her developing Inflammatory Bowel Disease (IBD).  However, the two other plaintiffs in the Accutane IBD lawsuit were not awarded anything.

According to thestreet.com, in addition to convincing the seven-member jury that Accutane played a substantial role in causing her to develop ulcerative colitis, a form of IBD, Gillian Gaghan was also able to presuade the panel that Roche failed to provide an adequate warning, and that the failure to warn was a substantial factor in her taking Accutane.  She was awarded $2 million.

In the case of plaintiff Kelley Andrews, the jury found that Accutane played a substantial role in her Crohn's disease diagnosis, also a form of IBD.  But while the jury also found Roche didn't adequately warn of its risk, the jurors were not persuaded this was a major factor in Andrew’s use of Accutane, thestreet.com said.

For the third plaintiff, James Marshall, the jury found that Accutane was not a substantial factor in his developing ulcerative colitis, thestreet.com said.   His attorney had tried to convince the jury that a prior reported intestinal problem that occurred when Marshall was 18 years old was not a pre-existing IBD.

According to thestreet.com, the outcome of this trial was consistent with other Accutane trials, in which every jury thus far has concluded that Accutane can cause IBD and that Roche's warning was inadequate.


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