Accutane Litigation: From Florida to New Jersey
Although Accutane lawsuits have been processed in several US courts since Accutane side effects were first reported more than 2 decades ago, today the vast majority of Accutane litigation is consolidated in a single New Jersey court.
New Jersey state Accutane lawsuits
More than 3,100 Accutane lawsuits are currently consolidated in the New Jersey Superior Court in Atlantic City, which is just a 2-and-a-half hour drive south of drugmaker Hoffman-La Roche’s US headquarters in Nutley, NJ.
The Accutane lawsuits are being overseen by Judge Carol E. Higbee, a judge with vast experience in mass tort, having played a key role in a landmark $4.8 billion Vioxx settlement as well as several other consolidated state torts.
New Jersey is, in many ways, ground zero for mass tort in the US, with the majority of major drugmakers headquartered in the state.
Federal Florida Accutane litigation
But for a time Florida served as the main venue for US Accutane federal litigation. In 2004, several Accutane lawsuits filed in federal courts were consolidated in a Tampa, Fla. federal court that would play host to MDL 1626, the collective litigation for all Accutane plaintiffs who filed their lawsuits in federal courts throughout the United States.
A federal court ruling barring certain expert testimony linking Accutane to inflammatory bowel disease soon compelled Accutane lawyers to file their clients’ claims in state court. In general, state courts are more plaintiff-friendly than federal courts.
Past Accutane settlements and future trials
To date, more than $45 million in damages has been paid out to just a handful of people whose Accutane lawsuits have so far gone to trial. In 2010, a New Jersey jury awarded an Alabama man who lost his colon due to Accutane side effects more than $25 million. Earlier this month, a New Jersey court awarded a woman $2 million for Accutane injuries that she will live with for the rest of her life.
Today, Accutane lawsuits continue to mount in New Jersey, where they are consolidated under the state’s mass tort program. The next Accutane lawsuit scheduled for trial is the retrial of a $10.5 million jury verdict in favor of a woman whose colon was removed due to Accutane side effects. The trial is set to begin in New Jersey in May.
