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Accutane Cases See Supreme Court Ruling Impact

Elise Kramer | April 3rd, 2012

Generic Accutane lawsuits number in the hundreds and are currently consolidated in the Accutane mass tort litigation taking place in New Jersey under Judge Carol E. Higbee, who had currently stayed the lawsuits until the 26th of April, 2012. This time is meant to give plaintiffs of generic Accutane lawsuits time to decide what they are going to do based on the Supreme Court’s 2011 ruling on generic manufacturers in lawsuits.

Supreme Court ruling affects Accutane lawsuits

The Supreme Court decided in a 2011 decision under Pliva Inc. et al v. Mensing that generic manufacturers cannot be held responsible for medication side effects as long as the warnings labels on the generic product match those on the brand name medication. This was decided after a plaintiff named Gladys Mensing sued the manufacturer of a generic Reglan medication, Pliva, for side effects she experienced while taking their product. The landmark ruling changed a number of lawsuits, and now plaintiffs who have filed suit against generic Accutane manufacturers are unsure where they stand. More than 300 Accutane lawsuits are currently dealing with generic forms of the medication.

One generic Accutane plaintiff, Camille Baruch, said to the New York times, “I lost everything.” She claims that the Supreme Court’s ruling “is not reason enough that these people aren’t to blame” for the injuries she suffered while taking generic Accutane.

Accutane lawyers confounded by decision

Baruch began to take a generic form of Accutane at the age of 12 to treat her severe acne. Just a few months later, she began experiencing severe abdominal pain, and was diagnosed with Accutane ulcerative colitis. She had to undergo multiple surgeries, including the removal of her large intestine, in an attempt to control the symptoms of her condition. Her lawyer filed her lawsuit in 2010, a year before the Supreme Court’s decision.

Accutane plaintiffs whose experience involved generic versions of the drug are often now at a loss for what to do. Their Accutane lawyers will need to take a different approach if they are to win compensation for their injuries.

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