In Re: Accutane

VERDICT

Trial
10/20/08 – 11/19/08

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Summary

This is the October, 2008, Accutane trial.

Also available, the original trial McCarrell v. Hoffman LaRoche, and the July 2009 re-trial of McCarrell v. Hoffman LaRoche.

This class action against the acne drug Accutane, manufactured by Hoffman-La Roche, Inc., involves plaintiffs who have suffered severe inflammatory bowel disease after taking the drug.

Representative for the class, Andrew McCarrell, has undergone multiple surgeries after taking the drug in 1995, including having his colon removed.

At the trial level, in May 2007, a jury held that Accutane had caused McCarrell�s inflammatory bowl disease and the proceeding colon removal. Specifically, the jury found that Hoffman- La Roche failed to adequately warn a patient of the bowel disease risks associated with its potent acne medicine Accutane, and they awarded him $2.5 million in damages and an additional $119,000 to cover medical expenses.

On May 12, 2009 New Jersey's Court of Appeals vacated the trial court's verdict. The appellate court held harmful error occurred when the trial court did not allow La Roche to present evidence of how many people take Accutane.

Outcome

Kelly Mace:
Injuries/Future Medical Expenses: 128,000
Pain and Suffering: 1.5 mil
Lance Sager:
Injuries/Future Medical Expenses: 125,000
Pain and Suffering: 2.5 mil
Jordan Speisman:
Injuries/Future Medical Expenses: 142,500
Pain and Suffering: 8.5 mil

Case Information
Attorneys
Witnesses
Plaintiff
Defense
Verdict
$12,895,500
Judge
Carol Higbee
Jurisdiction
New Jersey Superior Court, Atlantic County
Court
Atlantic County Civil Courthouse
Case Number
271
Industry
Pharmaceutical
Practice Area
Products Liability, Pharmaceuticals, Tort Law, Toxic Torts
Plaintiff
Accutane Plaintiffs
Plaintiff
McCarrell, Andrew
Defense
Hoffman LaRoche, Inc
Expert Witnesses
Lay Witnesses

Sessions

AM Session
Openings
3 Chapters
PM Session
Openings
4 Chapters
OCT
20
OCT
21
OCT
22
OCT
23
AM Session
Not in Session
0 Chapters
PM Session
Not in Session
0 Chapters
OCT
24
OCT
27
OCT
28
OCT
29
OCT
30
NOV
3
AM Session
Not in Session
0 Chapters
PM Session
Not in Session
0 Chapters
NOV
4
NOV
5
NOV
6
NOV
7
NOV
10
AM Session
Not in Session
0 Chapters
PM Session
Not in Session
0 Chapters
NOV
11
AM Session
In Session - No Content Available
0 Chapters
NOV
12
NOV
13
AM Session
Defense Witness(es)
2 Chapters
NOV
14
AM Session
Closings
2 Chapters
PM Session
Closings
4 Chapters
NOV
18
AM Session
Other
2 Chapters
PM Session
Verdict
2 Chapters
NOV
19

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