Liability for Harms Caused by Accutane

Accutane victims have received compensation in two ways; settlement and litigation. In order to bring a successful lawsuit, a plaintiff has to prove that there was some sort of negligence involved. This negligence can be on the part of the manufacturer, Hoffman La Roche, or in some Accutane cases the health care provider who prescribed the drug.

Hoffman La Roche has been sued many times over Accutane's side effects. When Accutane first came out, it had no warning label. Cases brought against Hoffman La Roche for harm caused during this period have been quite successful. As evidence of the dangers of Accutane became public, the manufacturer began using "black box" warnings. Many previous users of Accutane were not made aware of these dangerous side effects.

Eventually, the FDA would require warning labels. There have been a few controversial cases that have been lost by Accutane plaintiffs due to the fact that the label was present. The courts ruled that Hoffman La Roche acted diligently in warning consumers of the risks. This does not typically apply to victims who were prescribed Accutane prior to the mandatory warnings.

Doctors may also be held liable for Accutane related illnesses. They may have failed to warn their patients of possible side effects before the labels existed. They are also responsible for monitoring their patients' use of any drug. Failure to notice the negative effects of Accutane in their patients and stop the drug use could be seen as negligence.

The majority of Accutane settlements are negotiated by Accutane attorneys working on behalf their clients, the Accutane users. In order to avoid the costs and uncertainty of Accutane litigation, a mutually agreed upon settlement can be reached, and payment made directly to the Accutane user by the other party. If you are considering settling or pursuing litigation and legal remedies, be sure to have an Accutane lawyer review your claim.