On May 29, 2007, a New Jersey ruled that drugmaker Roche Holding AG failed to sufficiently inform a man of a bowel disease associated with its acne medicine Accutane and awarded him $2.5 million in damages.

The jury found that the company’s failure to warn the plaintiff was a significant contributing cause of his acquiring the bowel disease. The jury awarded the plaintiff an additional $119,000 to cover medical expenses.

Accutane, which has been on the market since 1982, is currently the subject of about 400 product liability lawsuits in the United States.

Andrew McCarrell, a 36-year-old computer manager from Alabama, said he had to undergo multiple surgeries and have his colon removed after taking Accutane in 1995. He had symptoms of chronic diarrhea and incontinence.

Jurors said Roche should have performed more tests of the drug, and that there was no consumer fraud because there did not appear to be a deliberate attempt by Roche to deceive the nature of the product.

Source: “Jury awards $2.5 million in Roche Accutane trial,” Boston Globe, May 29, 2007.