Hylla pushes Peipert trial back a week

Amelia Flood Apr. 6, 2010, 11:42am


The frequently postponed trial involving a man's claims against the makers of acne drug Accutane has been pushed off again.

Madison County Circuit Judge David Hylla signed an order April 1, moving the trial date of plaintiff Jason Peipert's medical malpractice suit from April 12 to April 19.

Peipert sued his doctor, Dr. Daniel Goran, Hoffman-LaRoche Inc. and Roche Laboratories for medical malpractice and product liability-related claims.

The Roche defendants settled with Peipert March 24, although details of the settlement were not released.

Peipert alleges that Goran negligently prescribed him Accutane, which caused him to develop inflammatory bowel disease.

The Roche defendants made the drug.

Accutane is no longer available on the U.S. market.

Had the 2003 case gone to trial in Madison County on its original date in 2007, it would have been the first such case tried in the nation. The case's trial date has moved several times including being rescheduled last year.

Hylla's order comes after he urged the parties in February to set a firm trial date.

At the same hearing, Hylla urged the parties to re-enter mediation and settle their disputes.

The judge cited the age of the case and its relative weakness.

"This looks to me like a case that should settle," Hylla said at the pre-trial hearing. "Frankly, this is not a plaintiff that is debilitated or bedridden. I don't expect that there is a seven figure demand in this case. I don't want to waste my time and yours."

At the February pre-trial conference, it was suggested that the trial could last more than three weeks.

Peipert is represented by John Papa, Walter "Skip" Campbell and others.

Goran is represented by Jeffrey Glass.

The Roche defendants are represented by Bart Sullivan and others.

Madison County case number 03-L-2040.

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