New Jersey Appellate Court Ruling of July 25, 2017 Reinstates Accutane Litigation
07/28/17 IN RE: ACCUTANE LITIGATION
New Jersey Appellate Court Opinion A-4698-14T1/A-0910-16T1
In the multicounty litigation (MCL) New Jersey Accutane product liability cases, the Appellate Division held that the trial court erred in barring plaintiffs’ experts from testifying as to certain epidemiological issues, and that Accutane can cause Crohn’s disease. Accordingly, the 2015 orders dismissing the lawsuits are reversed and the cases are remanded to the trial court for further proceedings per the July 25, 2017 order. The opinion reviews the legal principles applicable in a Kemp hearing, and provides some guidance for handling MCL cases in which the scientific evidence concerning the product develops over the protracted course of the litigation.