McCarrell alleged that as a result of taking Accutane for acne condition developed inflammatory bowel disease (IBD) leading to surgical removal of colon.

2/16/10, ATLANTIC CITY, NJ

ATLANTIC CITY, NJ (February 16, 2010) – Andrew McCarrell, currently 38 years, developed chronic inflammatory bowel disease (IBD) after 15 years of using Accutane, the strongest acne medication that can be prescribed by a doctor. Hoffman-La Roche Inc., a pharmaceutical maker, failed in warning the medical community of the side effects and potential dangers of using this medication. The New Jersey Jury ordered $25.16 million to compensate Mr. McCarrell.

Accutane is generally used to treat severe acne cases. While in his 20’s, Andrew’s physician recommended that he treat his acne with Accutane. However, the high concentration of chemicals in Accutane can potentially cause life-threatening defects.  After Andrew discontinued his use of Accutane he began to develop chronic ulcerative colitis, thus leading to the surgical removal of his colon. Removal of the colon led to Mr. McCarrel having multiple surgeries and having serious complications such as IBD.

Hoffman-La Roche Inc. has an outstanding 800 cases that pertain to similar issues as Mr. McCarrel’s.  In 1984, Roche did in fact advise physicians about the direct correlation between the drug Accutane and IBD.  Roche still failed to disclose the inherent dangers in their product and also failed to publicize to the medical and scientific community Accutane’s damaging side effects, such as the degeneration of the gastrointestinal tract, especially erosion of the lining, which is a direct trigger for IBD. The jury found that Roche failed to disclose these studies to the scientific and medical community. Nonetheless, Roche argued that IBD was “casually associated” with the usage of Accutane. David Buchanan, partner with Seeger Weiss in New York and New Jersey, served as co-counsel to the plaintiff and said “Recent studies confirm that Accutane increases the risk of inflammatory bowel disease, like that which Andy suffered from, by 400 to 500%.” After the final verdict Mr. McCarrell walked away with $25.16 million in compensatory damages and punitive damages were not sought, though he will continue to deal with the effects of Accutane for the entirety of his life.  “This verdict, like those of each of the four juries that preceded it, bodes well for the broader Accutane litigation and the many plaintiffs afflicted with IBD at the hands of Accutane,” said Mr. Buchanan.

Named “Best Lawyer in America” from 2007- 2011, David Buchanan is multi-faceted and practices on complex individual and class action litigation which involves pharmaceutical injury, securities, consumer protection, investment fraud, and pension litigation. As one of the nation’s top firms, with locations in New York, New Jersey, California and Pennsylvania, Seeger Weiss fights aggressively for the rights of their clients. Seeger Weiss specializes in all areas of civil litigation including personal injury, drug injury, toxic exposure, asbestos, class actions, securities, and commercial disputes. 

###

The docket number for the McCarrell v. Roche case is  ATL-L-1951-03-MT. For more information about the case contact Seeger Weiss at (888) 584-0411.