One of the defendants in a suit over acne medicine Accutane has filed a motion for set-off in an attempt to reduce any future judgment that may be entered against him.
Dr. Daniel Goran filed his motion Dec. 16.
Madison County Circuit Judge David Hylla allowed his claim for set-off to go ahead two days later.
The suit against Goran and fellow defendants Hoffman La Roche Inc. and Roche Laboratories stems from the side effects a patient, Jason Peipert, allegedly suffered in the 1990s after Goran prescribed him Accutane.
Peipert alleges Goran is guilty of malpractice for failing to monitor the drug's effects and for prescribing it even though it is difficult to manage in patients. Peipert alleges the drug caused him to develop inflammatory bowel disease.
Accutane was taken off the U.S. market earlier this year.
Had Peipert's case gone to trial when it was originally set in 2007, it would have been the first trial in the nation over the drug's effects.
Goran argues that because the alleged injury stemmed from the actions of several parties, if those other parties reach a pre-trial settlement and he does not, the judgment against him should be set-off or reduced because the other parties contributed.
Goran wishes to raise the issue in his potential defense, according
to the motion.
The case was set for trial earlier this year but was postponed due to ongoing discovery.
Peipert is represented by John Papa.
Goran is represented by Jeffrey Glass.
Hoffman-LaRoche and Roche are represented by Bart Sullivan and others.
The case is Madison case number 03-L-2040.