Alabama Man Awarded $25.16 million in Damages for Accutane’s Adverse Effects

A man, who had to have his colon removed because of complications arising from his bowel disorder caused by use of Accutane, was recently awarded by a New Jersey jury $25.16 million in damages.

Accutane is a well-known acne drug which is manufactured by pharmaceutical company Hoffmann-La Roche Inc. Accutane contains Vitamin A and high doses can cause Vitamin A toxicity which produces several side effects such as:

• dryness of the lips, mouth, nose, or skin
• cracking or peeling skin, itching, rash, changes in your fingernails or toenails
• severe diarrhea, rectal bleeding, black, bloody, or tarry stools
• loss of appetite, dark urine, clay-colored stools, jaundice (yellowing of the skin or eyes)
• liver problems
• depressed mood, trouble concentrating, sleep problems, crying spells, aggression or agitation
• birth defects or induced abortions

Andrew McCarrell from Alabama, who claimed that he started taking Accutane in his 20s, alleged in his lawsuit that the drug’s side effect (inflammatory bowel disorder) caused complications which led to the removal of his colon.

McCarrell blamed his condition on Hoffmann for having failed to adequately warn consumers of its side effects. The compensatory damages awarded to MaCarrell in the retrial overturned a court of appeals decision which denied a previous award of $2.6 million in May 2007.

Hoffmann-La Roche has stopped marketing Accutane last June 2009 because of the loss of profits over generic competition and the cost of defending against lawsuits.

Under law, there are three kinds of product liability defects and one of these is the “Failure to warn” or marketing defect. A personal injury claim based on failure to warn arises when:

• Foreseeable risks/danger could have been prevented by instructions or warnings
• The warnings themselves, when followed still caused damage or injury to the consumer

Personal injury claims under product liability laws however, can be complex, especially if it involves a failure to warn or marketing defect. In order to determine if you have a valid claim like Mr. McCarrell, consult an expert personal injury or product liability lawyer in your area today.

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