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Drug & Device News
Citing Choice-of-Law Issues, Appeals Court Reverses Plaintiff Verdict in Accutane Case
An appeals court has reversed a $25 million verdict against Hoffmann-La Roche Inc. and Roche Laboratories in the case of a man who alleged he developed Crohn's disease after using the company's acne drug, Accutane. New Jersey's Appellate Division ruled Aug. 11 in McCarrell v. Hoffmann-La Roche that the filing of the suit was untimely because the trial court erred in applying New Jersey's statute of limitations to the case rather than the law of the plaintiff's home state, Alabama. This is the second reversal in this case; the first plaintiff verdict was rendered in 2007, but it was also thrown out on appeal.
David Buchanan of Seeger Weiss in New York is representing plaintiff McCarrell. Following the appellate decision, he said, “Mr. McCarrell has litigated against Roche for 12 years concerning the permanent and devastating injuries he developed from his use of Accutane, and has proven Roche's responsibility for those injuries in two separate trials. Today's result is very disappointing. On behalf of Mr. McCarrell, we will be seeking further review of today's decision by the New Jersey Supreme Court.”
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