In 2008, three Florida resident plaintiffs, in a joint trial, won jury verdicts in New Jersey state court on claims that Hoffman-La Roche had not adequately warned about the alleged link between ingesting Accutane and developing inflammatory bowel disease. Two days ago, the New Jersey Superior Court Appellate Division reversed. Sager v. Hoffman-La Roche, Inc., Docket No. A-3427-09T4 (N.J. Sup. Ct. App. Div. Aug. 7, 2012) (link here).
This crucial testimony by each of the prescribing dermatologists clearly establishes that all three plaintiffs cannot surmount Mason’s binding legal test for proximate cause in a Florida learned intermediary situation. . . . [T]he inescapable conclusion is that the trial proofs failed in this case to establish proximate causation under controlling Florida precedent.