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Category : Accutane
SW Defeats Accutane Makers in Appeal of $10.5M Verdict
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.
Judge Denies Defendant’s Request for New Accutane Trial
Last week, Judge Carol Higbee denied a request by Hoffman-LaRoche, the makers of Accutane, regarding the suit won by Seeger Weiss client Andy McCarrell last year. Roche’s request would have reconsidered the groundbreaking decision that awarded Andy $25.16 million. In her statement upholding the original award, Judge Higbee wrote, “[McCarrell's] testimony and that of his wife and doctors presented a picture of probably the worst case of pain, suffering and loss of quality of life I ever heard described on my eighteen years on the bench.”
Learn More about our Accutane Investigation
FDA refuses to approve another diet drug
From the Washington Post blog, The Checkup:
The agency sent a letter to the drugmaker raising a variety of concerns about Qnexa, according to Vivus Inc., of Mountain View, Calif., which had sought the drug’s approval. The letter does not bode well for the drug winning approval.
The move was expected, given that an FDA advisory panel had voted against the drug’s approval in July because of evidence it may have adverse side effects, including increasing the risks for birth defects during pregnancy.
But the step is the latest in a series of setbacks in the effort to develop new weight-loss drugs. The FDA last week rejected approval of lorcaserin because of it appeared to cause tumors in rats. And earlier this month the agency forced the removal of the the drug Meridia from the market because it appears to increase the risk for heart attacks and strokes.
Accutane News Roundup
The news articles rolled in after Seeger Weiss secured an enormous victory for a victim of Accutane.
Associated Press (via ABC): “NJ Jury Awards $25M to Ala. Man in Accutane Suit”
A New Jersey jury has hit the pharmaceutical company that makes Accutane with a $25.16 million judgment…
National Law Journal – “This Time Roche’s Loss to Accutane Suit Is Big, Real Big”
“This drug is awful, and the warnings were inadequate. [Roche] warned about things like pregnancy and those problems, but everything else they really ignored,” said Christopher Seeger of New York’s Seeger Weiss, one of four plaintiffs’ firms that is handling the scores of Accutane lawsuits. The others are Hook Bolton, Beggs & Lane, and Levin Papantonio — all in Pensacola, Fla.
Seeger Weiss wins $25.16 million for Accutane victim
This week Seeger Weiss scored another victory against Accutane, a powerful anti-acne medication that has been linked to several serious side effects, including inflammatory bowel disorder.
On Monday, a nine-person New Jersey jury has found that pharmaceutical maker Hoffman-La Roche Inc. failed to provide an adequate warning of the possible condition to Andrew McCarrell’s prescribing physician, which then led to his development of chronic IBD. Mr. McCarrell, who was 23 at time he took Accutane, developed a severe case of IBD and later had his colon removed. The jury awarded compensatory damages of $25.16 million to Andy, now in his thirties.
Hoffman-La Roche faces as many as 800 cases around the country. Seeger Weiss has won 5 consecutive verdicts against Roche since 2005.
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