Kendall v. Roche

Strict liability – pharmaceuticals

Appellate Division of the New Jersey Superior Court vacated a $10.5 million compensatory damages judgment and remanded the case for a new trial so that Roche could provide quantitative information to the jury relating to the number of Accutane users and the background rate of inflammatory bowel disease, in order to cast light on Roche's efforts to monitor the risk of harm. The plaintiff's colon was removed as a result of IBD, allegedly resulting from the use of the acne medication Accutane (Isotretinoin). The plaintiff's condition caused her to go to the bathroom, with diarrhea and blood, anywhere from 5-20 times per day. Plaintiff's counsel argued that Roche did not adequately warn of known gastrointestinal risks, and that Plaintiff 's treating dermatologist in fact did not know of the risks. Roche, argued that Accutane was one of the most effective acne treatments, and the warnings were adequate.

Case Law Alert - 1st Qtr 2011