Accutane lawsuits | accutane inflammatory bowel disease
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Accutane Lawsuits Continue
Charles Pulikowski | January 30th, 2012
A second Accutane lawsuit was set to start in August, 2011, but there has been no word regarding its progress. Plaintiff Kamie Kendall is to begin the second lawsuit, yet the defendant, manufacturer, Hoffman-LaRoche, may have a strong case.
Use of the drug is alleged to cause Accutane inflammatory bowel disease (IBD), as well as possibly colitis and its related syndromes, as well as Crohn’s disease. Kendall’s first lawsuit in 2008 accused Hoffman-LaRoche of failing to warn about the diseases that could be caused by Accutane use. Ms. Kendall was awarded damages of more than 0 million. However, Hoffman-LaRoche won the appeal, and the new trial was set.
There have been other similar lawsuits. In McCarrell v. Hoffman-LaRoche, Inc. numerous physician reports, evaluations, and studies presented by Hoffman-LaRoche did not sway the jury to adopt their arguments. Lawyers proved that Hoffman-LaRoche did not deliver sufficient warning about IBD, especially on the packaging. This was true in the first case as well as its retrial.
Hoffman-LaRoche’s Lawsuit Response
However, lawyers are concerned that in the next Kendall trial, Hoffman-LaRoche may present more damaging evidence. The prevailing opinion is that Hoffman-LaRoche is not afraid of a fight, as was evidenced by recent reports that they have appealed the second verdict in McCarrell’s case.
Hoffman-LaRoche’s evidence consists of post-marketing records, physician review, as well as a questionnaire, in which it studied alleged Accutane side effects. According to those records, Hoffman-LaRoche acknowledged only that in “rare cases” could Accutane cause or aggravate colitis. This was confirmed by one of Hoffman-LaRoche’s physicians.
In another report, which ended December 31, 2002, only a few reports of serious adverse events were related to its use, with others being either unrelated, or caused by unknown events. In 1988, a physician reviewed reports issued from July to December 1987, and concluded that case reports to Hoffman-LaRoche concerning Crohn’s disease and Accutane use by the general population (while perhaps underreported), were within the background incidence rates in the general population, and not due to Accutane useage.
Therefore, based on the history of lawsuits, and Hoffman-LaRoche’s evidence, Acutance lawyers must examine all of the evidence, and carefully prepare their cases.
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