Last week, the New Jersey Appellate Court overturned a verdict against Hoffman-LaRoche, the makers of Accutane, and remanded the case for a new trial. This ruling comes directly on the heels of the Supreme Court’s decision in Wyeth v. Levine, which dealt a major blow to pharmaceutical companies hoping to avoid product liability claims by using the controversial preemption defense. In many ways, the New Jersey Appellate Division’s ruling has given pharmaceutical companies a major jolt in their time of need.
The court overturned a New Jersey jury’s verdict in McCarrell v. Hoffman-LaRoche that awarded Andrew McCarrell $119,000 in medical expenses and $2.5 million in compensatory damages in a product liability lawsuit over injuries he sustained from taking Accutane. After using Accutane to treat his acne, McCarrell developed inflammatory bowel disease, causing him to have his colon surgically removed.
The appellate court ruled that the judge in the trial court made a mistake in allowing expert testimony for the plaintiff detailing the number of incidents where Accutane has led to harmful side effects in consumers, while omitting Hoffman-LaRoche’s rebuttal testimony indicating the relatively small percentage of Accutane patients who actually suffer harmful side effects. This ruling will most likely benefit other pharmaceutical companies who have experienced similar restrictions in expert testimony.
The appellate court also ruled that the trial court must examine Hoffman-LaRoche’s preemption defense based on the Supreme Court’s recent decision in Wyeth v. Levine. The trial court must decide whether Hoffman-LaRoche can clearly prove that the FDA would not have approved an alteration to the Accutane label.
Ultimately, this isn’t a clear-cut victory for pharmaceutical companies. This case will go to trial again in the state of New Jersey, and Hoffman-LaRoche may still find themselves facing a hefty settlement payment at the conclusion of the second trial. However, this appellate victory will clearly help pharmaceutical companies in future defective drug claims.
When prescription drugs cause you to develop a serious illness or injury from their consumption, pharmaceutical companies must be held accountable. You may be eligible to receive compensation for your damages. Given the complex nature of the laws governing these claims, it is important to hire an experienced pharmaceutical liability attorney who is up-to-date on the rapid developments regarding these lawsuits.
If you have a defective drug claim in the Denver, Colorado area, please contact the Law Offices of Burg, Simpson, Eldredge, Hersh, & Jardine, P.C. today to schedule a consultation.
