Accutane Class Action Lawsuits

The prescription drug Accutane, a synthetic form of vitamin A used to treat acne, was introduced to the pharmaceutical market in 1982, and has been under Food and Drug Administration scrutiny and is a source of litigation for damages resulting in its use. The damages include myriad symptomatic ill-effects such as inflammatory bowel disease and psychological problems, as well as pregnancy complications resulting in birth defects.

Accutane Lawsuit Decisions

The landmark case that resulted in a $7 million settlement to a Florida man, who was afflicted with Crohn's disease after taking the drug for nine years, determined that the drug was the cause for the chronic diarrhea, fatigue, depression, and loss of livelihood. The patient successfully won the case and the monetary award after Accutane had led to the removal of his colon. The settlement was derived as payment for the actual damages, as well as future pain and suffering estimations for loss of income and medical expenses.

Discontinuation of Accutane

It was not until 2009 that LaRoche Laboratories discontinued the manufacture of the drug after 13 million patients had already been treated with this controversial medication. By this time, an thousands of lawsuits had already been filed for the drug's causing of Crohn's disease, ulcerative colitis, miscarriages, birth defects, and a host of other side effects that were attributed to psychological ramifications of the drug's usage.

FDA Warnings

Because the FDA did tighten the restrictions on the use of Accutane in 2006, requiring a black box warning on all packaging of the product, some litigation is not being settled in favor of the plaintiffs.

Lawsuit Restrictions

If the patients had been warned of the impending damages that might be incurred from the use of the drug, the lawsuits for these were settled in favor of the manufacturer. For instance, if a woman took Accutane during pregnancy, she would have had to sign a waiver stating that she was aware of the drug's contraindications and, in such cases, the knowledge that she had that the side-effects of the drug might be a factor in a miscarriage or serious birth defects.

It is less likely that a judgment would be decided in her favor, and this would preclude any award for damages. It was incumbent on the health care provider to make the patient aware of the problems, but after that it was the responsibility of the patient to decide whether or not to take the drug knowing the risks involved. Still, case evaluation is provided by attorneys who specialize in these class action lawsuits, so it is of utmost importance to fill out a form to determine whether or not you have a case against Roche. If you had not been apprised of the possible consequences of taking the drug, you may have a case.

Accutane remains one of three drugs of the pharmaceutical industry most responsible for adverse effects. If you or a loved one has been affected by this drug's devastating effects, it is in your best interests to consult with an attorney specializing in these cases.