Accutane Jury Verdict Upheld
Elise Kramer | April 4th, 2012
Judge Carol E. Higbee has recently upheld a jury verdict that awarded an Accutane plaintiff about $2 million dollars after a jury decided that she was not properly warned about the risks associated with the powerful acne medication. Judge Higbee passed down her ruling on the 14th of March, 2012, in the court in which the lawsuits took place, the Atlantic County Superior Court. The ruling in question involved the consolidated litigation of three plaintiffs, all of whom had taken the medication in the 1990s and claimed that they had subsequently developed Accutane inflammatory bowel disease, including Accutane Crohn’s disease and Accutane ulcerative colitis.
Accutane has since been pulled from the market, but new plaintiffs join the ever-growing pool of Accutane litigants all the time.
Accutane inflammatory bowel disease evidence confirmed
The jury found that drug maker Hoffman-La Roche had not adequately warned the Accutane plaintiffs about the risk of developing Accutane inflammatory bowel disease and that there was, in fact, a causal relationship between use of Accutane an inflammatory ybowel disease. Hoffman-La Roche challenged both verdicts, but Judge Higbee found that there was sufficient evidence to uphold the findings of the jury.
The three plaintiffs involved in the Accutane lawsuit in question were Gillian Gaghan, actor James Marshall, and Kelly Andrews. Both Marshall and Andrews were denied damages. In Marshall’s case, this was because his family had a history of inflammatory bowel disease, and in Andrews’ case the jury failed to find proximate cause, a ruling that Judge Higbee called “somewhat surprising”. However, she upheld this ruling as well.
Accutane lawsuit wins plaintiff damages
The ruling that Hoffman-La Roche is likely the most concerned about is the one dealing with the case of 34-year-old Gillian Gaghan. Gaghan was awarded $2 million in damages after suffering injuries as a result of her Accutane use. According to her lawsuit, she was diagnosed with Accutane inflammatory bowel disease six weeks after discontinuing her Accutane use.
- Accutane Ulcerative Colitis Lawsuits: The Story So Far
- Accutane Cases See Supreme Court Ruling Impact
- Generic Accutane Lawsuit Discovery Stayed