Post-2002 NJ Accutane Labels Adequate As A Matter Of Law, Court Holds

As reported by the Drug & Device Law Blog

AccutanePillImage“[A]fter many years of litigation, the post April 10, 2002 warnings on Accutane were determined to be adequate as a matter of law by the New Jersey judge tasked with overseeing this mass tort.  A copy of today’s opinion is here. Most of the opinion is factual. Legally, the determination is made under New Jersey law, since the 800+ plaintiffs chose to come to that forum. New Jersey law, of course, has a presumption of adequacy of FDA approved labels.  . . .  Only certain types of proof can overcome the presumption, and plaintiffs failed to produce such evidence, despite repeated opportunities.”

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Mass Tort Judicial Forum with
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New York

April 17, 2015

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