Accutane Product Liability Claims Explained

A pharmaceutical claim is a type of product liability claim in which a person is injured as the result of taking a medication or using a pharmaceutical product.  When a drug is prescribed by a doctor, it is usually assumed that the medicine will help treat a medical condition or aid in recovery from illness. Unfortunately, some drugs have dangerous side effects which can be serious or even life-threatening.

1. There was a duty of care owed by the Accutane manufacturer to warn of dangers associated with the product's expected and normal use;


2. There was a failure in the duty of care owed by the Accutane manufacturer; and


3. The failure resulted in an injury related to the use of Accutane.

During the development of a prescription drug, testing is conducted to make sure the drug does not have dangerous side effects.  Even if certain side effects are found to exist, the U.S. Food and Drug Administration (FDA) may still approve the drug as long as the dangerous side effects do not occur too often.

Once a drug is released into the marketplace and a large number of people begin to use it, we sometimes discover that the occurrence of dangerous side effects is more prevalent than originally thought during the FDA approval process. Approval by the FDA does not by itself mean any particular drug is safe.

Yes.  To prevail on a product liability claim, one must also show that the defective product (i.e., Accutane) was the cause of one's injury and the injured person sustained compensatory damages such as medical bills, lost wages, etc.

On May 30, 2007, 36-year-old Andrew McCarrell of Moody, Alabama was awarded $119,000 for his past medical expenses and $2.5 million in compensatory damages to cover his future medical costs as well as pain and suffering.  His lawsuit alleged that the Accutane he took caused him to develop inflammatory bowel disease.

Many people have suffered injuries due to Accutane side effects.  Our product liability attorneys understand that your injuries may be the result of a defective drug.  If you suspect you have an injury related to a side effect of Accutane and need to talk to an experienced team of professionals, please contact us immediately by submitting your information in the red case information box at the top of the page.