The maker of a popular treatment for severe acne will get a new trial, 10 months after the New Jersey Appellate Division struck down a $2.6 million verdict against it.
Hoffman-LaRoche, Inc., maker of Accutane, is alleged to have caused inflammatory bowel disease in some of the drug’s users in a multi-district litigation proceeding in Atlantic County Superior Court. Andrew McCarrell was awarded $2.6 million in his lawsuit in 2007.
McCarrell had to have his colon removed. Judge Carol Higbee should have allowed the company to present usage data and related evidence, the Appellate Division said.
“The consequence of that restriction was, unfortunately, an imbalanced presentation that had the capacity to produce an unjust outcome,” the Appellate Division decision says.
“This error is of such a pivotal nature that the judgment in favor of plaintiff must be vacated, and a new trial conducted.”
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