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SW Defeats Accutane Makers in Appeal of $10.5M Verdict

February 29th, 2012

Earlier this week, the Supreme Court of New Jersey ruled in favor of Seeger Weiss client Kamie Kendall in the appeal of a 2008 case against Accutane manufacturer, Hoffman-LaRoche, Inc. At the conclusion of the original case, Seeger Weiss attorneys secured a $10.5 million award for Ms. Kendall, who developed uclerative colitis as a result of taking the acne medication. However, the defendants recently appealed the verdict, arguing that since Ms. Kendall was diagnosed in 1999 and did not file a lawsuit until 2005, the case violated New Jersey’s two year statute of limitations.

Seeger Weiss Partners David Buchanan and Christopher Seeger

Leading the charge on his client’s behalf, Seeger Weiss partner David R. Buchanan artfully demonstrated that, because of the Swiss pharmaceutical company’s inadequate warnings, Ms. Kendall had no reason to believe that its product had caused her debilitating gastrointestinal problems prior to 2003. Justice Virginia Long, writing on behalf of the majority, agreed and noted, “…we are satisfied, as were the trial judge and the Appellate Division, that Kendall reasonably did not appreciate by December 21, 2003, that Accutane had caused or exacerbated her condition and that, therefore, her filing on December 21, 2005, was timely.” Read the full decision here.

Drug injury cases of this magnitude often lead to an extensive appeals process, which is why it is essential that victims have experienced, dedicated representation. Seeger Weiss LLP has been handling Accutane litigation since 2005, securing awards for its clients as high as $25.16 million. Let our lawyers review your case for free and help you get the results you deserve.

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