Accutane Lawsuits
Most Accutane lawsuits claimed the drug caused Crohn’s disease and other inflammatory bowel disorders. A court dismissed the majority of the more than 7,000 lawsuits filed against Swiss manufacturer Roche in 2014. The New Jersey Supreme Court dismissed another 500 lawsuits in 2018.
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- Last Modified: August 22, 2024
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- MDL
- MDL 1626 in the Middle District of Florida
- Settlements/Verdicts
- $56 million in jury verdicts (overturned)
Latest Accutane Lawsuit Updates
As of November 2024, there are no new updates in this litigation, and Drugwatch doesn’t know of any lawyers who are taking these cases.
Thousands of people who suffered Accutane side effects filed lawsuits claiming the drug’s maker, Roche, did not warn them about the dangers of the medication. The bulk of litigation dealt with Crohn’s disease and ulcerative colitis.
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2018:
While an appellate court reinstated lawsuits filed in state court in New Jersey in 2017, the state’s high court dismissed more than 500 suits after New Jersey Supreme Court ruled that two expert witnesses could not testify.
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2017:
An appellate court reinstates 2,000 cases previously dismissed by the New Jersey multicounty litigation judge. New Jersey’s top court upheld Andrew McCarrell’s verdict from 2010, but it was overturned a second time a few months later.
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2015:
A judge in New Jersey dismissed more than 2,000 cases after he said two plaintiffs’ experts had not shown evidence to link Accutane to Crohn’s disease. The federal MDL in Florida was officially dissolved after most cases were dismissed several years earlier.
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2010:
A New Jersey jury awarded $25.16 million to Andrew McCarrell in his second trial against Roche. His original verdict of $2.62 million was overturned, and he was granted a new trial.
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2005:
An Accutane multicounty litigation (MCL) is petitioned and later formed in New Jersey.
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2002:
The panel on multidistrict litigation consolidated Accutane lawsuits in multidistrict litigation in the Middle District of Florida. Injuries included were “ulcerative colitis, Crohn’s disease, colitis, inflammatory bowel disease, irritable bowel syndrome, rectal bleeding, diarrhea, abdominal pain, or other injury.”
Suicide, IBD and Other Injuries Related to Accutane
While some people who sued Roche blamed Accutane for psychosis, depression and suicide, most lawsuits claimed the drug caused inflammatory bowel disease (IBD). IBD is a condition that involves chronic inflammation of the gastrointestinal tract. IBD usually manifests in one of two diseases: ulcerative colitis or Crohn’s disease. IBD is a permanent condition.
Accutane lawsuits said the drug is “defective” and “dangerous to human health, unfit and unsuitable to be marketed and sold in commerce.”
Accusing Roche of having knowledge of the link between gastrointestinal symptoms and the acne medication, plaintiffs claimed the drug “lacked proper warnings as to the dangers associated with its use.”
“Since 1984, there have been suggestions that Accutane might be linked to various forms of inflammatory bowel disease, including Crohn’s disease. Despite numerous studies on the subject, no such linkage has been found — at least not with substantial reliability.”
Before the FDA approved Accutane in 1982, it raised concerns about these issues. Despite this, Roche did not include any warnings about the risk of IBD, lawsuits claim.
But the manufacturer argued that there is no reliable evidence linking the drug to IBD or Crohn’s disease. Roche maintained they had given ample warning to patients about potential side effects.
The American Medical Association also supported the manufacturer against what it called “abusive litigation against physicians.”
Judges Overturned Accutane Verdicts
Before judges overturned their verdicts, juries had ordered Roche to pay more than $50 million to several plaintiffs. While these cases initially ended in jury verdicts for plaintiffs, Roche was able to overturn them all in appeals.
Accutane Case Study
Andrew McCarrell v. Roche
Andrew McCarrell sued Roche in 2003, alleging he wasn’t warned that Accutane could cause Crohn’s disease.
Accutane Usage:
In June 1995, McCarrell started taking Accutane and he took it for about four months as an acne treatment.
Injuries Claimed:
About 10 months after he stopped taking Accutane, he began experiencing intense stomach pain. A few months later, he was diagnosed with IBD. Ultimately, after constant rectal bleeding and weight loss, he underwent multiple surgeries. Doctors removed his colon and rectum. He lived with a colostomy bag for over four years until he had another surgery to reattach a j-pouch to his small intestine. He continues to suffer from abdominal cramping, multiple bowel movements and incontinence.
Relief Sought:
Damages and punitive damages.
Conclusion:
Andrew McCarrell won the first major Accutane verdict in 2007. Juries awarded him $2.7 million. Roche appealed that verdict, and judges ordered a new trial. After the second trial, the jury awarded McCarrell $25 million in 2010. But in 2017, the verdict was overturned yet again.
Other Accutane Cases
Historically, Accutane litigation has favored the manufacturer. Judges dismissed most lawsuits and overturned jury verdicts that had awarded millions of dollars to plaintiffs.
Julia Bishop
In 2002, Julia Bishop filed a lawsuit against Roche. Her 15-year-old son, Charles Bishop, had crashed a Cessna into the 28th floor of the Bank of America Building in Tampa, Florida, just weeks after the 9/11 attacks.
Bishop claimed Accutane caused her son to commit suicide. She demanded $70 million from Roche, The Tampa Tribune reported. Five years later, Bishop withdrew her lawsuit. Her attorneys said she was emotionally and physically unable to continue due to personal attacks by the drugmaker.
Carla Gray
Carla Gray of Ada, Oklahoma, took her Accutane depression case to trial in 2002. She asked for $3 million because the drug company failed to warn about depression. A jury denied her claim.
Kathleen Rossitto and Riley Wilkinson
Kathleen Rossitto and Riley Wilkinson won their lawsuits in June 2012. Rossitto and Wilkinson claimed Accutane caused them to develop inflammatory bowel disease. A New Jersey court ordered Roche to pay $18 million in compensatory damages.
The women were to receive $9 million each. Roche appealed. The appellate court granted the manufacturer’s appeal. It found that the trial court judge “seriously erred” when it allowed some revelations in court while restricting others.
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