New Jersey Jury Splits Decision in Accutane Case

A 34-year-old nursing assistant, Gillian Gaghan, was recently awarded $2 million in compensatory damages by a New Jersey court, claiming that she developed inflammatory bowel disease as a result of taking Accutane. On April 4th, the Atlantic County Superior Court jury found that Roche AG, manufacturers of the drug Accutane, failed to adequately warn Gaghan of the risk of IBD from taking Accutane. However, the same jury found in favor of Roche for two different plaintiffs, determining that Roche’s allegedly inadequate warnings to one of the plaintiff’s doctors was not a “substantial factor” in her decision to take the drug. The jury found that the other plaintiff failed to prove that Accutane caused his injuries.

Roche spokesperson Chris Vancheri said that the company is “pleased with the verdict” for the two plaintiffs who did not win the jury finding, and is “disappointed with the jury’s decision” to award Gaghan damages. Go figure. “Roche takes any and all information about our products seriously, and our sympathies remain” with all three plaintiffs over their diseases, Vancheri said. Between the years 1997 and 2002, the U.S. Food and Drug Administration received 85 reports of Irritable Bowel Disease, or IBD, associated with the use of Accutane.

The FDA determined that in nearly all of the cases, it was “probable” or “highly probable” that Accutane had caused patients to develop the disease. Accutane was taken off the market in 2009, but millions of patients had been taking it during its 27 year tenure on the market, and much of the damage from continued use had already been done. Accutane – generically known as isotretinoin – is prescribed in the treatment of severe nodular acne by decreasing the amount of oil the skin produces. If you or a loved one have taken Accutane and have experienced any of these side effects, you may be eligible to file a dangerous drug claim. A dangerous drug attorney can help you review your situation, as well as determine if you can file a lawsuit for a dangerous drug injury.

At Gacovino, Lake & Associates, we have formed a dedicated network of personal injury lawyers to serve clients nationwide for their injury claims. Our New York office serves residents of the 5 boroughs with their auto accident, medical malpractice, defective product, premises liability, and Workers’ Compensation claims. For experienced help when filing your defective product claim, contact us today at 1-800-246-4878,

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