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April 23, 2008 - $10.5 Million Judgment Awarded in Accutane IBD Case

A woman claiming to have developed ulcerative colitis while taking the anti-acne drug Accutane was awarded $10.5 million in a New Jersey court yesterday.  Kamie Kendall’s suit is only the third of 425 lawsuits involving the drug. All three cases tried thus far have resulted in similarly large jury awards against Hoffman-LaRoche, Inc., the company that makes Accutane.

Accutane was approved by the Food & Drug Administration (FDA) in 1982, but has been in the news for years because of its association with serious side effects, including inflammatory bowel dyndrome. The drug has been connected to severe birth defects and psychiatric problems, and has been linked to 266 cases of suicide in the   Accutane has also been linked to problems of the liver, kidneys, central nervous system, and pancreas, as well as the cardiovascular, musculoskeletal and auto-immune systems.

Two different diseases cause inflammatory bowel disease: ulcerative colitis and Crohn’s disease.  Ulcerative colitis involves inflammation of the inner lining of the intestine, which then develops ulcers. Ulcerative colitis can cause frequent diarrhea, as well as the appearance of mucus and blood in the stool.

Kendall began taking Accutane at age 12 and was diagnosed with ulcerative colitis at age 14. In 2006 her colon was removed and she now suffers from incapacitating diarrhea. 

Kendall was awarded $10.5 million in compensatory damages and another $78,500 to cover the costs of her medical expenses. The judge determined that there was not sufficient evidence for the jury to assign punitive damages.

Kendall’s verdict is the third that was decided against Hoffman-LaRoche. In May, a different jury in New Jersey awarded $2.62 million in damages to a patient who had his colon and most of his rectum removed after taking Accutane.  In October, a jury in Florida awarded $7 million in damages to another Accutane user with irritable bowel disease and claimed that Hoffman-LaRoche did not provide adequate warning of the risks associated with taking Accutane.

Hoffman-LaRoche intends to appeal the verdicts, and insists that a link between Accutane and inflammatory bowel disease is not yet proven.  The company also maintains that the drug packaging has contained a warning about the risk of inflammatory bowel disease for 20 years. 

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