A New Jersey man suffering from inflammatory bowel disease after taking the drug Accutane has been awarded $25.16 million in a personal injury settlement.
Andrew McCarrell, 38, filed a lawsuit against the drug’s manufacturer, Roche Holding AG, after being diagnosed with inflammatory bowel disease. McCarrell claims that he got sick in 1995 from taking the drug, and since then has had to undergo five surgeries, including one to remove his colon.
McCarrell claims that Roche failed to adequately warn consumers of the risks associated with taking the drug. Roche extended its sympathies to McCarrell, but said that the company, “acted appropriately in providing information about Accutane, including a direct warning about inflammatory bowel disease, to the medical, scientific, and regulatory communities.”
The jury sided with McCarrell, awarding him $25 million in compensatory damages and $159,000 for past medical expenses.
One of the jurors, Vince Packer, agreed that the drug wasn’t property labeled. “It was all about the wording on the label. It didn’t give a clear-cut explanation as to what you can get by taking this drug. That’s my issue—was it properly labeled?”
Filing a Product Liability Lawsuit
When company markets a product, whether it be a drug or some other type of product, it has a legal duty to include specific warning labels. Any time a company fails to include adequate warning labels with a product they can be held liable for damages in a product liability lawsuit.
If you or someone you know has suffered an injury or became ill after taking some type of drug or medication, an experienced
North Carolina personal injury lawyer at Lanier Law Group can help you explore your legal options. To learn more, please call
1-888-CONSULT to arrange a consultation.
|