Mixed Results in Accutane Lawsuits

Atlantic City, NJThree recent lawsuits alleging Accutane inflammatory bowel disease were combined into one action and heard by the court in March. Those lawsuits resulted in mixed verdicts for plaintiffs who alleged they suffered severe Accutane side effects. Although one of the plaintiffs alleging Accutane IBD was given an award, the other two, including actor James Marshall, were not.

The results were favorable for plaintiff Gillian Gaghan, who was awarded $2 million when the jury determined that Accutane was responsible for the woman's ulcerative colitis. Gaghan alleged that her ulcerative colitis, which resulted in a loss of nighttime bowel control, was caused by the Accutane acne medication. She further alleged that she would not have taken the Accutane had she been properly warned about the risks associated with the use of the drug.

Although the jury also found that Kelly Andrews' development of Crohns disease was the result of her Accutane use, the jury determined that Andrews would still have taken the acne medication even if the maker of the drug had given adequate warnings about the risk of inflammatory bowel disease. The jury therefore did not give Andrews any award. According to reports, Andrews was hospitalized more than 25 times because of her inflammatory bowel disease and had surgery to remove her colon.

In the case of James Marshall, the jury found that the actor suffered gastrointestinal problems even before he took Accutane and therefore his health problems were not caused by the medication. Although Marshall had said he previously suffered from some intestinal problems, it was not until after taking Accutane that he developed rectal bleeding, a symptom of ulcerative colitis. Marshall's lawyer argued that because he did not have rectal bleeding prior to the Accutane use, he did not have ulcerative colitis until after using the Accutane. The jury, however, disagreed and did not give Marshall an award.

In a potentially significant move for upcoming trials, the jury determined in the Gaghan case that Accutane was a substantial factor in the development of inflammatory bowel disease, that Roche, maker of Accutane, did not adequately warn about the risks and that the failure to warn resulted in Gaghan taking the Accutane.

There is no word on whether Andrews or Marshall will appeal the jury's verdict. Meanwhile, the next Accutane case set for trial is reportedly that of Kamie Kendall, who was awarded $10.5 million in her lawsuit but had that award overturned upon appeal.