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Roche to appeal $2.62 million judgment in Accutane case
Accutane maker Hoffmann-LaRoche Inc., based here, and Roche Laboratories will appeal a May jury verdict that awarded $2.62 million to an Alabama man who developed inflammatory bowel disorder while on Accutane treatment for acne in 1995.
An Atlantic City, N.J., jury awarded Andrew McCarrell, 36, $119,000 for past medical expenses and $2.5 million in compensatory damages to cover future medical costs and pain and suffering. The jury did not assess punitive damages.
The McCarrell verdict is the first in a case linking Accutane (isotretinoin) to inflammatory bowel disorder (IBD) rather than to more highly publicized side effects such as suicidal behavior and birth defects, says David R. Buchanan, one of Mr. McCarrell's attorneys. Three more trials are scheduled this year, in Florida and Illinois, involving Accutane and IBD. Some 400 U.S. lawsuits have been filed involving the drug, which has been on the market since 1982.
The jury in the McCarrell vs. Roche trial found that Roche failed to adequately warn users about Accutane's risk of causing IBD. Mr. McCarrell's attorneys noted that while detailed instructions in Accutane packages include lengthy, boldfaced warnings that psychiatric disorders and birth defects can be potential side effects, the warnings regarding the drug's association with IBD are brief and in plain type.
"Our issue in this trial is ensuring that people get the appropriate warnings about Accutane and all of its potential side effects," Mr. Buchanan tells Dermatology Times. "I'm sure (Roche) will appeal the verdict, and I think the verdict is highly likely to be upheld."