Madison County Circuit Judge Dave Hylla is set to preside over an Accutane trial at 9 a.m. on Oct. 19.
Plaintiff Jason Peipert is suing Edwardsville dermatologist Dr. Daniel Goran over the acne medication he was prescribed in 1999. Peipert claims he suffered bowel disease.
Had the case gone to trial two years ago, as had been scheduled, it would have been the first Accutane trial in the country.
Peipert also is suing manufacturers Hoffmann LaRoche Inc. and Roche Laboratories Inc.
Hylla heard motions in the suit Sept. 24, granting a defense motion to bar certain testimony.
Hoffmann LaRoche Inc. and Roche Laboratories Inc. filed a motion in limine Oct. 5 to exclude an unpublished study done by the University of North Carolina linking Accutane to inflammatory bowel disease, claiming the study should not be introduced as it is "unreliable and inadmissible hearsay."
Accutane was pulled from the U.S. market in June after juries had awarded at least $33 million in damages to users who blamed the drug for bowel disease.
Peipert claims Goran failed to warn him of the risks associated with the drug and prescribed it negligently.
His suit seeks damages of at least $50,000 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.