Accutane IBD Trial Underway


. By Heidi Turner

A lawsuit alleging Accutane inflammatory bowel disease derailed an actor's career is now underway in New Jersey. The Accutane IBD lawsuit, filed by James Marshall, alleges that problems linked to Accutane side effects forced the actor to give up his dreams of becoming a star.

According to a press release by Courtroom View Network, actors including Martin Sheen, Brian Dennehy and Esai Morales are expected to testify at the trial about the career that James Marshall could have had if he had not developed inflammatory bowel disease. Director Rob Reiner is also expected to testify. Marshall, who starred in the movie A Few Good Men and also starred in the television series Twin Peaks, alleges Accutane caused the inflammatory bowel disease, which eventually required the removal of his colon.

In addition to James Marshall, two other plaintiffs, Gillian Gaghan and Kelley Andrews, are involved in the trial. Marshall's lawsuit was scheduled for the summer of 2010 but was delayed when a New Jersey Appellate Division reversed an Accutane award in Kamie Kendall's lawsuit against Hoffman-La Roche.

Kendall was initially awarded $10.5 million in a lawsuit but that decision was reversed on appeal, with the court finding the defendant was improperly prevented from providing evidence about the number of people who have used Accutane. Kendall's lawsuit is now expected to be heard in May 2011.

Hoffman-La Roche, maker of Accutane before it was pulled from the market, faces approximately 3,000 lawsuits in New Jersey state court alleging the acne medication is linked to inflammatory bowel disease. The first Accutane lawsuit was reportedly filed in September 2004, with the 3,000th lawsuit filed in February 2011. The lawsuits, which are consolidated in a mass tort, allege the maker of Accutane failed to properly research potential Accutane side effects and failed to warn about the risk of inflammatory bowel disease.

Patients who develop inflammatory bowel disease may eventually require removal of all or part of their colon. They often experience severe pain and say the condition can have a devastating effect on their life.

So far, six lawsuits have been heard by a jury, with Roche losing all six cases. Roche successfully appealed an award of $2.62 million, to have a different jury award the same plaintiff more than $25 million.


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