Hylla hears motions in Accutane case set for trial Oct. 19

Amelia Flood Sep. 24, 2009, 7:56am


A defense motion to bar a doctor's testimony regarding whether he warned patients about the risks of taking acne medicine Accutane was granted Thursday by Madison County Circuit Judge David Hylla.

Hylla made the ruling at a hearing in a six-year-old suit against Edwardsville dermatologist Daniel Goran and the drug manufacturers, Roche Laboratories and Hoffman LaRoche Inc.

But, Hylla cautioned the defendants that the evidence could be admissible at some point in the trial, "as we're trying a medical malpractice case and a product liability case at the same time," he said.

Plaintiff Jason Peipert sued in 2003, claiming he developed Crohn's Disease, an inflammatory intestinal ailment, after taking the drug. He was treated by Goran in 1999.

Peipert alleges that Goran failed to warn him about the side effects of Accutane and prescribed it negligently knowing it was difficult to manage in patients.

A trial is scheduled to begin Oct. 19.

Attorneys for one of the defendants also asked Hylla to put a deadline on the plaintiff's time to answer several interrogatories and other discovery requests. Hylla set an Oct. 1 deadline.

Accutane was taken off the U.S. market in June after juries had awarded patients who claimed to have developed intestinal problems after taking it $33 million.

The suit seeks at least $50,000 in damages and costs.

Peipert is represented by John Papa.

The defendants are represented by Bart Sullivan and William Gage.

The case is Madison case number 03-L-2040.

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