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Drug & Device News

By ALM Staff | Law Journal Newsletters |

Citing Choice-of-Law Issues, Appeals Court Reverses Plaintiff Verdict in Accutane Case

An appeals court has reversed a $25 million verdict against Hoffmann-La Roche Inc. and Roche Laboratories in the case of a man who alleged he developed Crohn's disease after using the company's acne drug, Accutane. New Jersey's Appellate Division ruled Aug. 11 in McCarrell v. Hoffmann-La Roche that the filing of the suit was untimely because the trial court erred in applying New Jersey's statute of limitations to the case rather than the law of the plaintiff's home state, Alabama. This is the second reversal in this case; the first plaintiff verdict was rendered in 2007, but it was also thrown out on appeal.

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