Gaghan, Andrews, and Greenblatt v. Roche (Atlantic City, New Jersey).
Butler Snow's Orlando R. Richmond, Sr., told the jury that Roche appropriately warned each of the three plaintiffs' dermatologists about the risks of severe recalcitrant nodular acne medication Accutane (isotretinoin) by stating that"Accutane has been temporally associated with inflammatory bowel disease (including regional ileitis) in patients without a prior history of intestinal disorders." The warning was present, prominent, and accurate.
In addition, said Mr. Richmond, none of the three plaintiffs developed Inflammatory Bowel Disease (IBD) as a result of using Accutane. Mr. Marshall, for example, had inflammatory bowel disease at least seven years before the ever took Accutane, according to Mr. Richmond.
Ms. Andrews had an extensive history of antibiotic use, which, Mr. Richmond told the jury, was "something Mr. Hook didn't talk to you a whole lot about yesterday, but literally from infancy forward -- extensive antibiotic use."
As for Ms. Gaghan, said Mr. Richmond, "we're going to present expert testimony to talk about [ulcerative colitis and Crohn's Disease] and the very recent scientific evidence regarding them. And you will learn that the type of inflammatory bowel disease that she had does not have scientific support with respect to being caused by Accutane."
Finally, said Mr. Richmond, Roche took patient safety seriously. Accutane was not developed as a chemotherapy, said Mr. Richmond, but as a cancer preventive.