A judge has ordered a 10.5 million dollar Accutane verdict overturned "because the original verdict followed from an unfair trial.
During the trial Roche, the maker of Accutane, was not allowed to present evidence regarding how many people used Accutane until the final stages of the trial.
The New Jersey Appellate Court ruled that Roche did not have "a full and fair opportunity... to present and advocate the relevant numbers evidence," Bloombery reports.
The trial court in the case, Kendall v. Hoffmann LaRoche Inc., had entered a verdict of $10.5 million in favor of a woman that claimed the drug Accutane caused her inflammatory bowel disease (IBD) . In the 2008 trial, the jury found that Roche failed to adequately warn Kamie Kendall about the gastrointestinal risks associated with Accutane use. The makers of Accutane, Roche Holding AG, have been sued on multiple occassions over claims that the drug causes IBD.During the trial Roche, the maker of Accutane, was not allowed to present evidence regarding how many people used Accutane until the final stages of the trial.
The New Jersey Appellate Court ruled that Roche did not have "a full and fair opportunity... to present and advocate the relevant numbers evidence," Bloombery reports.
http://blogs.findlaw.com/decided/2010/08/105m-accutane-verdict-overturned.html