Greenblatt v. Roche

Summary

Plaintiff Kelley Andrews took Accutane at age 17, and was diagnosed with Crohn's Colitis within a few months of completing her Accutane treatment.

Plaintiff Gillian Gaghan took Accutane when she was 22 years old, and within a few months began to experience the symptoms of Inflammatory Bowel Disease.

Plaintiff James Marshall took Accutane when he was 25 years old, and was subsequently diagnosed with Ulcerative Colitis.

All three plaintiffs had suffered severe permanent harm as a result of their IBDs, such as removal of the colon. All three claimed that their Inflammatory Bowel Diseases were caused by Accutane, and that Roche inadequately warned of the risk.

Roche claimed that it adequately and accurately warned of the risk, and the plaintiffs' injuries were not caused by Accutane.

The jury found that Gillian Gaghan's IBD was caused by Accutane, Roche's warning was inadequate, and the inadequate warning caused her injury. The jury awarded $2M in damages. With respect to Kelley Andrews, the jury found that her IBD was caused by Accutane and Roche's warning was inadequate, but the inadequate warning did not cause her injury. With respect to James Marshall, the jury found that Accutane did not cause his IBD.

Start of Defense closing statement.

Butler Snow defense attorney Orlando Richmond challenges plaintiff's non-disclosure theory.



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Outcome

$2 mml for Gillian Gaghan
$0 for Andrews & Marshall