Segal McCambridge Legal Blog

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August 6, 2010

New Jersey Superior Court Appellate Division Reverses $10.5 Million Accutane Verdict

Roche Holding AG won reversal of a $10.5 million verdict over its Accutane acne drug because a judge improperly barred the company from using evidence about the medication's use, an appeals court ruled.

Roche's lawyers should have been able to use data about how many acne sufferers had used Accutane over the years throughout Kamie Kendall's 2008 trial of her lawsuit over the drug, the New Jersey Superior Court Appellate Division ruled today. The decision prompted a judge in Atlantic City, New Jersey, to delay the trial of an actor's suit alleging the medication causes inflammatory bowel disease.

"Roche was unduly impeded at this trial from adducing and advocating numerical proofs that could have potentially and reasonably led a jury to reach a different verdict," the appeals court said in an 89-page unpublished decision.

The unpublished opinion from the Kendall v, Hoffman-La Roche, et al., case can be found here

A story on this decision from Bloomberg News can be found here

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