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Judge Determines Punitive Damage Issue in Accutane Trial

The first product liability trial in Madison County, IL over the controversial acne drug Accutane continues this week as Judge David Hylla schedules a hearing to determine whether or not the plaintiff in the case is allowed to seek punitive damages from the drug manufacturer.

Jason Christopher Peipert filed a civil suit against Roche Laboratories and his doctor in 2003, claiming he suffered serious and permanent injuries directly resulting from Accutane.

Details of the Lawsuit

According to the lawsuit, Peipert’s physician acted negligently when he failed to adequately monitor his patient or run diagnostic tests to confirm he wasn’t developing serious side effects. Peipert also alleges that he was prescribed the drug more frequently and was advised to use it for longer periods than the Food and Drug Administration had approved and was never told of the risks linked to Accutane.

The lawsuit claims that Peipert developed Crohn’s Disease—a bowel inflammation condition—that was caused by Accutane. However, Peipert’s doctor contended that his patient didn’t develop Crohn’s until two years after he had stopped using the drug and no evidence would prove that he failed to adequately warn Peipert of the risks. The physician was dismissed from the suit and is no longer a defendant.

The product liability suit, does however, name drug manufacturer Roche Laboratories as a defendant and claims that Accutane was defective, unreasonably dangerous, and insufficiently tested.

Judge Hylla will decide shortly if Peipert can seek punitive damages from the drug company. The trial is predicted to last four to six weeks.

Accutane Adverse Events

Accutane (Isotretinoin), which was approved in 1982, is an oral medication prescribed for the treatment of severe acne that is resistant to oral or topical antibiotics and other more conservative treatments. While Accutane is known to carry a lot of common side effects such as dry skin and nose, itching, joint aches, and eye inflammation, the drug has been linked to much more serious adverse events including hearing impairment, hepatitis, skin infections, and brain swelling. Psychiatric events like hallucinations, suicidal behavior, and depression have also been reported.

Harmed by a defective drug? You may be entitled to seek compensation for your damages. To learn more about your legal options, please contact us today.