Accutane Compensation Award of $10.5M Reversed On Appeal

A $10.5 million verdict awarded in an Accutane lawsuit over inflammatory bowel disease has been reversed by a New Jersey appeals court, which ruled that Roche was wrongly prohibited from introducing evidence to the jury about the number of individuals who have used the popular acne medication over the years.

The ruling was issued on Thursday by the New Jersey Superior Court Appellate Division, reversing an Accutane compensation award issued in 2008 to Kamie Kendall, who developed severe bowel problems from Accutane side effects.

The appeals court remanded the Kendall case back for retrial, determining that the judge erred in not allowing Roche to present data on the number of Accutane users until the final stages of the trial. The decision marks the third time Roche has secured a retrial after a jury awarded compensation to a user of Accutane.

Did You Know?

AT&T Data Breach Impacts Millions of Customers

More than 73 million customers of AT&T may have had their names, addresses, phone numbers, Social Security numbers and other information released on the dark web due to a massive AT&T data breach. Lawsuits are being pursued to obtain financial compensation.

Learn More

Following a 2007 trial in New Jersey, Roche was able to successfully overturn a jury’s award of $2.62 million in damages for inflammatory bowel disease suffered by Andrew McCarrell. That case was later retried, and another New Jersey jury awarded McCarrell more than $25 million in Accutane compensation.

As a result of the recent decision by the New Jersey appeals court, Judge Carol Higbee has delayed the start of an Accutane trial that was slated to begin this week. The case includes a claim brought by actor James Marshall, who had to have his colon removed as a result of bowel problems from Accutane. Marshall was expected to call several Hollywood stars as witnesses at trial. No date has been set for when the trial will resume.

Accutane (isotretinoin) has been linked to an increased risk of inflammatory bowel disease (IBD), which could lead to ulcerative colitis, Crohn’s disease or other damage to internal organs. This has left many former users with severe stomach and gastrointestinal problems that cause a great deal of pain and can have a devastating impact on their quality of life.

Roche currently faces about 1,000 Accutane lawsuits for compensation over bowel problems. The pharmaceutical company has lost all seven lawsuits over Accutane bowel disease that have reached a jury so far, with verdicts totaling $56 million.

1 Comments

  • josephAugust 17, 2010 at 8:45 pm

    i was in hospital with boul problem 3 years ago

Share Your Comments

I authorize the above comments be posted on this page*

Want your comments reviewed by a lawyer?

To have an attorney review your comments and contact you about a potential case, provide your contact information below. This will not be published.

NOTE: Providing information for review by an attorney does not form an attorney-client relationship.

This field is for validation purposes and should be left unchanged.

More Top Stories

First Gardasil Lawsuit Set For Trial To Begin October 7th in California State Court
First Gardasil Lawsuit Set For Trial To Begin October 7th in California State Court (Posted yesterday)

The first Gardasil lawsuit will go to trial in California state court in October, as a group of cases at the federal level continue to be developed for future bellwether trials that are unlikely to begin until late 2025 or early 2026.

Tepezza Settlement Talks For Hearing Loss Claims Will Commence Next Month
Tepezza Settlement Talks For Hearing Loss Claims Will Commence Next Month (Posted yesterday)

Parties have been directed to meet quarterly for mediation sessions, which will explore the potential for Tepezza hearing loss settlements, as the talks leading up to the first bellwether trials, slated to begin in March 2026.