Accutane Lawsuit Remanded to State Court
Elise Kramer | April 18th, 2012
A New Jersey court of appeals remanded one of many Accutane Crohns disease lawsuits back to state court in March of 2012. The lawsuit, which deals with 3 million in damages, is being evaluated based on the standards established by the lawsuit Kendall v. Hoffman-La Roche. The court needs to decide whether the complaint was untimely, with the plaintiffs arguing that the case is not time-barred. A number of plaintiffs are currently involved with Accutane lawsuits and are seeking settlements that will help cover the costs they have incurred after experiencing severe side effects associated with the medication. Many more patients have consulted an Accutane lawyer for help with evaluation of an Accutane lawsuit that they may file in the future.
Verdict postponed with millions at stake
The compensation awarded to Accutane plaintiffs in the Atlantic County Superior Court of New Jersey was worth almost 3 million, leaving plaintiffs Lance Saer, Jordan Speisman, and Kelly Mace with significant compensation for injuries they had suffered linked to Accutane inflammatory bowel disease. These plaintiffs, all Florida residents, each began taking the powerful acne medication when they were teenagers, and all eventually developed some form of Accutane IBD, including Accutane Crohns disease or Accutane ulcerative colitis.
The jury in their case ultimately ruled that drug maker Hoffman-La Roche was negligent in that they did not adequately warn the plaintiffs or their physicians about the potential risks associated with use of the popular and powerful acne medication. They agreed that the plaintiffs would not have taken the medication had they known about the potentially serious side effects associated with it.
Statute of limitations in question
The case was remanded on the 19th of March, 2012, so that a New Jersey appeals court could determine whether the claims made by the plaintiffs were time-barred. The standards set by Kendall v. Hoffman-La Roche, a recent decision made by the state high court, which indicated that Kendall’s claims were not time-barred. The plaintiffs in the Sager, Speisman, and Mace case claim that their cases are not time-barred as they had no way of discovering their injuries before the statute of limitations expired.
- 3 Million Accutane Crohns Disease Case Remanded
- Kendall Accutane Lawsuit is Timely, New Jersey Court Says
- NJ Supreme Court Ruling Good News For Accutane Inflammatory Bowel Disease Lawsuits