Hylla
A doctor being sued by a former patient over the effects of an acne drug is asking the court to off-set any judgment against him.
His former patient, plaintiff Jason Peipert, sued him and the makers of the acne drug Accutane, alleging it caused him to develop inflammatory bowel disease.
The suit is currently set for trial in April.
Dr. Daniel Goran filed the claim for set-off Jan. 29.
Madison County Circuit Judge David Hylla granted him the go-ahead to do so in December 2009.
In his motion, he asks the court to reduce any judgment amount entered against him by the same sum as the plaintiff may receive from any pre-trial settlements with the other defendants in the case, Roche Laboratories and Hoffman-LaRoche Inc.
He notes that currently there are no such settlements.
Peipert originally sued in 2003 claiming Goran was negligent in prescribing Accutane because it is difficult to manage in patients.
Accutane has since been taken off the market.
Peipert seeks damages of at least $50,000 and costs.
Peipert is represented by John Papa.
Goran is represented by Jeffrey Glass.
The other defendants are represented by Bart Sullivan, among others.
The case is Madison case number 03-L-2040.