Newark, NJ2011 marks the start of some high-profile Accutane medication lawsuits. Although the Accutane side effects lawsuits were meant to be heard last year, a decision in a separate lawsuit resulted in the judge postponing at least some of the Accutane inflammatory bowel disease lawsuits. Starting in February, jury selection will begin in a lawsuit filed by actor James Marshall, a lawsuit that could receive a lot of attention, given the support Marshall has from his Hollywood colleagues.
Marshall's lawsuit, along with the lawsuits of two other individuals, was postponed after an appeals court reversed a decision awarding $10.5 million to an Accutane plaintiff. The appeals court ruled that the defendant, Hoffman-La Roche, was improperly prevented from introducing evidence about Accutane's use to the jury. A retrial was ordered in that lawsuit, while the three others were postponed.
Marshall's lawsuit is expected to draw attention to the Accutane issue because some high-profile Hollywood players, including Martin Sheen, Brian Dennehy and Rob Reiner, are expected to testify on his behalf. Marshall alleges he took Accutane to treat acne but suffered bowel problems that ultimately resulted in his colon being removed and negatively affected his acting career.
"The jury will hear that James Marshall had the potential to be the next James Dean-like star," Marshall's lawyer, Michael Hook, said (as quoted by Bloomberg 07/30/10). "That dream is gone because he took something to treat acne."
Roche has previously won an appeal to overturn a verdict. That verdict was for around $2 million. The retrial of the overturned verdict resulted in a $25 million award to the plaintiff.
Roche has defended its actions, saying Accutane's safety label has warned about the risk of inflammatory bowel disease for many years.
Although Accutane is no longer available on the market, generic versions of Accutane (sold under the names Claravis, Amnesteem and isotretinoin) are still available. In addition to inflammatory bowel disease, Accutane has been linked to an increased risk of birth defects. Although some critics suggest that Accutane is linked to an increased risk of depression, a recent study counters that the depression is linked to the acne itself and not to the medication.
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