New Jersey, NY:Errol's dermatologist prescribed Accutane to treat cystic acne. Unfortunately, Errol (pictured below) took the medication back in the late 1980s, which is well beyond the statute of limitations. "I am not expecting anything monetarily, but I'm happy to tell my story about the link between Accutane and ulcerative colitis so that I might help others," he says.
However, a lot of people who took Accutane are within the statute of limitations (in New Jersey, the Statute of Limitations for Personal Injury, Wrongful Death and Products Liability is two years), and many have filed Accutane lawsuits against Hoffman La-Roche, the drug's manufacturer. (Accutane was taken off the market in 2009 but generic versions, called isotretinoin, are still available.)
Accutane did clear up Errol's acne, but it left him with a life-long condition, which has resulted in more than physical damage.
"I took Accutane for about a year, when I was 20," says Errol, "but a few years later I started having problems, to the point of having terrible stomach pains and cramping. In 1990, a gastroenterologist diagnosed me with ulcerative colitis, which came as a shock because there was no history of any digestive problems in my family. And at that time, no one linked Accutane with any side effects." It wasn't until several years later that Errol found out the cause of this inflammatory bowel disease.
Insurance companies know only too well how serious ulcerative colitis can be. "I applied to an insurance company to purchase disability insurance and soon found out that no company will accept me when they see my medical history, not even Aflac Supplemental Insurance," Errol explains. "I can't even get life insurance, which is really worrisome, because I have three kids.
"When I discovered—online—that Accutane was linked to digestion diseases, I was shocked and upset, to say the least. I couldn't believe that a skin medication could affect anything more than your skin. I remember when I found out: I was at work and said to my boss, 'I finally know what has caused this disease,' and he urged me to find an attorney.
"I called an attorney and he accepted my case right away, but I had no documentation, nothing to prove that I had taken Accutane. I called the dermatologist but he had prescribed the med to me 20 years ago and didn't keep medical records from that long ago.
"Then another attorney, a friend of mine, suggested this lawyer wasn't doing an adequate job and that I should seek an experienced Accutane attorney. So I called a law firm that was litigating against the drug company and was told they couldn't take my case because too much time had passed. However, I might be eligible to join an Accutane class-action lawsuit.
"Ideally, I would like to hold the manufacturer financially responsible. It is scary to know that I am ineligible for health and life insurance. What if this disease gets worse and I can't go to work?"
Unfortunately for Errol, there is currently no Accutane class-action lawsuit. But in New Jersey alone, more than 3,000 Accutane lawsuits have been consolidated in a New Jersey state court under mass tort consolidation, which means that claims remain individual claims throughout the legal process. Furthermore, plaintiffs could have their claims remanded for trial back to the districts where the claims were first filed.
To date, several Accutane plaintiffs who filed as part of the Accutane mass tort have won large settlements against Hoffman-La Roche, Inc.
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