An Accutane lawsuit can be filed on several different grounds. It may be based on birth defects or another ailment caused by the drug. Read on to learn more. You might be surprised by the range of potential side effects that may result from this medication. The McCarrell case was one of the first major verdicts regarding isotretinoin. Although it was later overturned, the case was reinstated and Hoffmann-La Roche settled for $25 million. Since then, other lawsuits have been filed regarding other side effects, including birth defects.
IBD
The filing deadlines for an IBD lawsuit against Accutane vary by state. If you were prescribed the drug as a minor, you can extend the statute of limitations until you turn 18. However, some states base the statute of limitations on when you first developed IBD and discovered the drug’s harmful effects. In such cases, your medical bills could skyrocket in the years since you started taking the drug. Likewise, you may not be able to work until your doctor visits begin, which will eat up your income.
The first major IBD lawsuit against Accutane verdict was won in 2007 by Andrew McCarrell. He sued after he developed IBD, which forced him to have his rectum and colon removed. He continues to experience incontinence. In 2010, a jury awarded him $25 million, but that judgment was reversed in 2017.
Crohn’s disease
Many people are now filing a Crohn’s disease lawsuit against Accutane, the acne medication because it caused their bowel disease. The lawsuit claims the drug maker failed to properly research the product and warn consumers about the potential side effects. Despite this, the drug’s warning label is confusing and contains vague information that leaves both doctors and consumers uncertain about the full extent of the risks, including the development of Crohn’s disease.
The Superior Court of New Jersey Appellate Division recently reinstated 2,174 cases filed against Accutane. The plaintiffs’ experts relied on case reports that omitted scientific evidence and elevated animal studies above human epidemiology. The plaintiffs’ experts ignored eight of nine epidemiological studies and chose anecdotal evidence over scientific studies involving humans. This is known as cherry-picking evidence.
Ulcerative colitis
There are currently two major groups of lawsuits against Accutane. The Middle Florida District MDL 1626 was settled earlier this year, while the New Jersey Superior Court MCL 271 is still working its way through the courts. However, there are currently no class action lawsuits relating to the use of Accutane. This is unfortunate because the drug is used to treat many forms of inflammatory bowel disease, including Crohn’s disease.
The most recent suit against Accutane stems from a New Jersey jury verdict. Katie Rossitto took Accutane as a teenager and later developed ulcerative colitis. The jury was not impressed by the new data from six studies pointing to a causal relationship between Accutane and inflammatory bowel disease. Ultimately, a jury found that the drug caused ulcerative colitis.
Birth defects
Thousands of people are filing birth defects lawsuits against the manufacturer of Accutane. However, most of them are unable to prove that Accutane is responsible for their birth defects. While other factors like alcohol and illegal drugs are also liable, birth defects caused by Accutane are the most common. In most cases, your legal rights to compensation for a birth defect are limited or nonexistent. Therefore, if you were to file a birth defects lawsuit against Accutane, you need to prove that the pharmaceutical company or medical providers failed to provide adequate treatment and advice to you and your baby.
The drug was first approved by the Food and Drug Administration in 1982 and has since been linked to birth defects. It is known to cause birth defects in up to 25% of babies. These defects include craniofacial, heart, and central nervous system defects. Some people have suffered from multiple birth defects as a result of using Accutane. The company has tried to warn physicians that Accutane can cause birth defects in a baby. Several articles were published in the F.D.A. Drug Bulletin, which has a circulation of over one million, highlights the birth defects related to Accutane.
Failure to warn of psychiatric side effects
While the FDA’s role is to protect consumers, this case reveals several weaknesses. The agency has no control over doctors, patients, or other gatekeepers for prescription drugs, and the warnings on the label do not necessarily lead to significant changes in the behavior of healthcare practitioners. Because of the complex relationship between the FDA and physicians, the agency cannot fully control how products are used, including the choice of warning label language.
