Kamie S. Kendall v. Hoffman-LaRoche, Inc.
Kamie S. Kendall, a Utah native, first filed a lawsuit on December 21, 2005, against the New Jersey-based pharmaceutical company Hoffmann-LaRoche, Inc. (LaRoche), manufacturer of Accutane, claiming her use of Accutane caused her inflammatory bowel disease (IBD).
At twelve years of age, Kendall was first prescribed Accutane, the brand name for isotretinoin, in 1997 to treat her severe recalcitrant nodular acne. Between 1997 and 2004, Kendall underwent six course of Accutane treatment. In 1999, after ending her second course of treatment, Kendall began experiencing serious stomach ailments including diarrhea, bloody stools, and severe stomach pains and was diagnosed with ulcerative colitis. Because her grandmother also suffered from ulcerative colitis and because Accutane’s warning labels did not include IBD as a side effect, doctors attributed Kendall’s condition to genetics, not Accutane use; therefore, Kendall, with her doctor’s consent, continued to take Accutane. As a result, Kendall’s condition worsened, and in 2006, her colon was removed in an attempt to alleviate her symptoms.
In 2008, three years after the lawsuit was filed, a New Jersey jury ruled with the plaintiff and agreed with the claim that LaRoche failed to provide sufficient warnings to patients. The jury found Accutane was a proximate, or direct, cause for the plaintiff’s condition and awarded Kendall $10.5 million as compensation for damages, pain, and suffering and $78,500 for medical expenses. At that time, it was the largest single-plaintiff ruling in an Accutane-related case.
LaRoche, in 2010, appealed the verdict arguing the court “erroneously restricted the quantitative evidence that Roche was allowed to present to the jury.” On appeal, the verdict was overturned on the basis that data regarding Accutane users had been unfairly withheld from the trial judge. Retrial was set for 2011. As of today, Kamie Kendall and her attorneys are still awaiting retrial.
Have You Been Affected by Accutane?
Any individual or the relative of an individual who has suffered due to Accutane’s side effects is permitted to file a lawsuit. The lawyers can help you determine whether you are qualified to seek compensation. You may be eligible to seek reimbursement for medical expenses, compensation for pain and suffering, and punitive damages (compensation granted for losses suffered). If you need further information about the harmful side effects of Accutane or legal advice concerning personal injury matters, we invite you to contact us or to fill out our form on this website for a free case evaluation.