Current status of accutane litigation

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April 8, 2015 After reviewing five prior motions in which the adequacy of the warnings previously had been addressed, Judge Johnson determined that the law-of-the-case doctrine did not control disposition of Roche's current motion because "new facts and law eclipse the record on which prior rulings were based." In an opinion issued on April 2, 2015, the Honorable Nelson C. § 2A-58C (NJPLA), is dispositive of hundreds of Accutane products liability cases filed by New Jersey plaintiffs who started taking the medication after April 2002, and will also likely impact thousands of Accutane plaintiffs from other states with products liability laws similar to New Jersey's. This is the public policy in New Jersey, which has expressed in the NJPLA its "special concern for an industry with snificant relationship to New Jersey's economy and public health." Therefore, as a matter of New Jersey substantive law, where the FDA has approved product labeling, it will be deemed presumptively valid and not subject to attack in a products liability lawsuit without specific evidence of conduct by the defendant pharmaceutical manufacturer that, in effect, undermines the FDA's regulatory process. The court requested submissions regarding: (1) all of the cases involving post-April 2002 warnings and identification of the state of the plaintiff involved in each case; (2) those jurisdictions that recognize the learned intermediary doctrine and permit the adequacy of drug labeling to be determined as a matter of law; and (3) those jurisdictions with a heavier burden of proof than New Jersey.

Accutane Lawsuit - Accutane Side Effects - LawInfo

Johnson, JSC, granted the motion of defendants Hoffmann-La Roche, Inc. for summary judgment in the In re Accutane Multicounty (mass tort) Litation (MCL) on the grounds that the defendants' post-April 2002 warnings for the prescription medication Accutane (isotretinoin) are adequate as a matter of law. Additionally, the decision reinforces and clarifies existing New Jersey products liability law with respect to the presumption of adequacy of FDA-approved labeling of prescription drugs under the NJPLA. 2008), which granted summary judgment on plaintiffs' NJPLA claims because plaintiffs did not provide specific evidence necessary to overcome the rebuttable presumption of adequacy under the NJPLA of the FDA-approved labeling on the hormone replacement therapy products at issue. The court further explained that New Jersey courts have recognized two narrow exceptions to the NJPLA's statutory presumption of adequacy—both of which require specific types of evidence, and neither of which was presented in the case. Similar to New Jersey law, virtually all states recognize the learned intermediary doctrine in prescription drug products liability cases and some have statutes as demanding as the NJPLA for FDA-approved drugs.

Roche Still Perfect In <em>Accutane</em> Appeals With Defiant Tactic - Law360

Roche Wins Reversal of $2 Million Accutane Trial Verdict - Bloomberg

Side effects of Accutane, a popular acne medication that is available as a generic, have been linked to increased risk of serious and debilitating bowel problems, such as inflammatory bowel disease and ulcerative colitis.

School Finance Litation Update – PO2015 - YouTube

Law360, New York (August 11, 2015, PM EDT) -- Hoffmann-La Roche Inc.'s defeat of a $25 million verdict over its Accutane drug extends its perfect record challenging judgments in the long-running consolidated litation, marked by what attorneys say is the drugmaker's unusually aggressive strategy of whittling down suits and challenging trial losses rather than capitulating to a settlement.Accutane Class Action Merchant Law LLP


Current status of accutane litigation:

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