It's been over a month since Madison County Circuit Judge David Hylla heard arguments in a case over the acne drug Accutane and, with the case's Oct. 19 trial date past, he is scheduled to hear more motions in the suit on Nov. 3.
On the table is a move to bar an unpublished university study on the drug's effects on the digestive tract and other discovery matters.
The case's trial has been postponed several times. Had it gone to trial on its original 2007 date, the case would have been the first Accutane trial in the United States.
The case was last scheduled to open for a jury Oct. 19.
Plaintiff Jason Peipert is suing his dermatologist, Dr. Daniel Goran and the makers of Accutane, Hoffman-La Roche Inc. and Roche laboratories. He claims that Goran negligently prescribed the drug in 1999 knowing that its effects are difficult to manage in patients.
Peipert claims he developed a bowel disease as a result of taking the drug.
Accutane was taken off the U.S. market by its makers in June.
Peipert's suit seeks damages of at least $50,000 in damages and costs.
In the last motion hearing in the suit, Hylla granted a defense motion to bar certain testimony. That hearing was held Sept. 24.
Since that hearing, the defendants have asked Hylla to bar the use of an unpublished study on Accutane conducted by the University of North Carolina.
The plaintiff has filed several discovery notices including notices of witnesses and depositions.
The Nov. 3 hearing is set for 10 a.m.
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.