New Jersey judge has rejected Roche’s request for a new trial or reduction of a jury’s award of more than $25 million in damages for a man who developed severe inflammatory bowel disease from Accutane.
In an order issued last week, Judge Carol Higbee denied Roche’s request for a new trial or remittitur in a case brought by Andrew McCarrell, which was one of the first Accutane lawsuits in the United States to reach a jury.
McCarrell’s Accutane bowel disease suit was originally filed in 2003 and first went to trial in April 2007, resulting in a jury award of $2,619,000. However, following an appeal the verdict was overturned and the case was remanded for a new trial so that Roche would be permitted to introduce evidence on the total number of Accutane uses.
Following a second trial in January 2010, another New Jersey state court jury awarded McCarrell $159,540.19 to cover his medical bills and another $25 million in compensation for pain and suffering damages caused by Accutane.
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