The makers of an acne drug at the heart of a medical malpractice and product liability suit have asked that their settlement with plaintiff Jason Peipert be approved.
Defendants Hoffman-LaRoche Inc. and Roche Laboratories filed their motion asking for a good faith finding of the March 24 settlement May 5.
Defendant Dr. Daniel Goran remains alone in the suit, although there have been indications that he may have also settled Peipert's claims against him.
The suit had been set for trial April 19. That trial date moved off without a jury hearing the case.
Peipert filed suit in 2003, claiming that he developed inflammatory bowel disease after Goran prescribed him Accutane, an acne drug, from January to May 1999.
Had the suit gone to trial on its original 2007 date, it would have been the first such trial in the country.
The Roche defendants later stopped making the drug, citing increased generic competition.
Under the March 24 settlement, the Roche defendants do not admit liability for Peipert's alleged injuries. The settlement amount is confidential.
Peipert is also barred from taking the claims against Roche to trial again.
Madison County Circuit Judge David Hylla will hear arguments on the good faith finding issue June 25 at 9:30 a.m.
Hylla had urged all of the parties to mediation and to settle their cases at a February pre-trial hearing.
He cited the age of the case and the condition of the plaintiff in those statements.
Peipert is represented by Walter Campbell, John Papa and others.
Goran is represented by Jeffrey Glass and others.
The Roche defendants are represented by Bart Sullivan and others.
Madison County Circuit Judge Daniel Stack served as mediator for the March 24 mediation between the Roche defendants and Peipert.
The case is Madison case number 03-L-2040.