January 1, 1970 · FLEMING | NOLEN | JEZ, L.L.P.
In 2008, a jury decided that La Roche, the maker of Accutane, was liable for $10.5 million in damages to Kammie Kendall who took Accutane and developed inflammatory bowel disease (IBD).
To date, La Roche has used every litigation tactic to delay justice. First, it appealed the $10.5 million jury verdict and won a new trial. But after a stinging re-trial of theMcCarrell case, in which the jury awarded $25 million to a man who developed IBD as a result of taking Accutane, La Roche’s next tactic was to delay the re-trial of Ms. Kendall’s case.
La Roche challenged whether Ms. Kendall timely filed her lawsuit and sought to have her lawsuit dismissed. Under New Jersey law, there is a two year statute of limitations – meaning an injured person must file their lawsuit within two-years of discovering their potential claim. After losing in the trial and appellate court, La Roche took its challenge all the way to the New Jersey Supreme Court.
On February 27, 2012, the New Jersey Supreme Court issued its opinion handing a victory to Ms. Kendall. (insert link her to the opinion) The Court held that her claims against La Roche related to IBD and her ingestion of Accutane were not time barred. Specifically, the Court focused on the facts which showed that a reasonable person, like Ms. Kendall, would not have known of the relationship between Accutane and IBD any earlier than December 2005 when she timely filed her lawsuit.
Now, Ms. Kendall and others suffering from IBD as a result of taking Accutane will be able to continue their path towards justice.