A state appeals court has revived more than 300 suits filed against Hoffmann-La Roche by users of the acne drug Accutane who claim the drug caused them to develop inflammatory bowel disease.
The panel overturned grants of summary judgment to Hoffmann-La Roche in 18 cases where plaintiffs began taking the drug after April 2002, when the package insert was amended to say the drug was “associated with inflammatory bowel disease.” The court said plaintiffs presented evidence that Hoffmann-La Roche’s knowledge of the drug’s harmful effects was sufficient to present a jury question as to the adequacy of the warning. A finder of fact could conclude that the company concluded internally that there was a causal effect between Accutane and bowel disease, but did not disclose that in its warning.
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