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All Rights Reserved. Accutane Suits Rightly Held Time-Barred, Appellate Division Rules A New Jersey appeals court handed Swiss pharmaceutical giant Hoffmann-La Roche a minor victory when it affirmed a trial judge's ruling that four plaintiffs in the Accutane litigation blew the statute of limitations in filing their product liability lawsuits. By Michael Booth |January 30, 2018 at 03:45 PM Your article was successfully shared with the contacts you provided. A New Jersey appeals court handed Hoffmann-La Roche a minor victory on Tuesday when it affirmed a trial judge’s ruling that four plaintiffs in the Accutane litigation blew the statute of limitations in filing their product liability lawsuits. A three-judge Appellate Division panel, in an unpublished ruling, said four plaintiffs—out of the more than 2,500 cases pending against the Swiss pharmaceutical giant in state court—failed to file their lawsuits on a timely basis. The suits allege users of anti-acne medication Accutane suffered harmful side effects. The company continues to maintain that there has been no causal connection proved between the use of Accutane and the plaintiffs’ alleged medical disorders. “All four of the plaintiffs were diagnosed with their ailments more than two years prior to the filing of their complaints,” said Appellate Division Judges Clarkson Fisher Jr., Thomas Sumners and Scott Moynihan. The ruling does not affect the other pending mass-tort cases, which are consolidated and designated as multicounty litigation in Atlantic County. The cases were dismissed in 2014 by Atlantic County Superior Court Judge Nelson Johnson, who has been assigned as the presiding judge of the state’s Accutane docket. Hoffmann-La Roche’s attorney, Paul Schmidt of the New York office of Covington & Burling, referred questions to a spokeswoman for the company, Amanda Fallon. Fallon said in a statement that the appeals court properly dismissed the cases based on the violations of the statute of limitations.
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