Blog

$10.5 Million Verdict Sent Back to Court

Accutane attorneys representing a woman affected with severe bowel disorders she believes developed from taking the drug will head back to court after an appeals court ruled that the drug maker was not allowed to introduce a key piece of evidence. The retrial of the issue in this case will also push back the start of a high profile Accutane case that was set to start this month.

Kamie Kendall, from Utah, filed her Accutane lawsuit in 2007 and was awarded $10.5 million after a jury ruled that her gastrointestinal disorders were due in part to side effects from the drug, and that Roche pharmaceuticals, the maker of the drug, had failed to warn users of its dangers.

The verdict has been overturned for now, however, after an Appellate court found that the trial judge improperly prohibited Roche from using evidence about how many acne sufferers had used Accutane over the past several decades. The appeals court commented that this ruling failed to give a full and fair opportunity for Roche to present and advocate the relevant numbers evidence,.

The decision to retry the Kendall case resulted in a decision by an Atlantic City judge to delay another trial which has received far more attention in recent months. Hollywood actor James Marshall, best known for his role as private Downey in the film A Few Good Men has sued the makers of Accutane charging that the drug caused him to develop inflammatory bowel disease which led to surgery to remove his colon.

The Marshall trial, which was set to start this week, will feature a number of A-list Hollywood players who are expected to testify that the condition sidelined Marshalls successful acting career. The judge hasnt indicated when the trial will be scheduled to start again.