Hylla to hear arguments for good faith finding in drug makers' Accutane settlement

By Amelia Flood | Jun 22, 2010


Two of the parties in a Madison County lawsuit over an acne medication's alleged effects are asking for a good faith finding in their settlement with plaintiff Jason Peipert.

Circuit Judge David Hylla is set to hear arguments in favor of the settlement between Peipert and Hoffman-LaRoche Inc. and Roche Laboratories Friday at 10:30 a.m.

Another defendant in Peipert's suit, Dr. Daniel Goran, also settled with the plaintiff.

Peipert sued in 2003, alleging that after Goran prescribed him Accutane in the late 1990s, Peipert developed inflammatory bowel disease.

He claimed that Goran negligently prescribed the drug and that the drug's defects caused the condition.

No details of either settlement are available.

Peipert's suit had originally been set for trial in 2007.

Had it gone to a jury, it would have been the first Accutane suit tried in the country.

Accutane was taken off the market by the Roche defendants last year due to what they called competition from generic drugs.

The suit's trial was pushed off several times after its original 2007 date.

The suit appeared to be headed to a jury in April.

However, Goran, the last defendant standing, settled just prior to the April 19 trial date.

Hylla had previously urged the parties to go back to mediation at a pre-trial conference in February, citing the age and merits of the case.

The Roche defendants settled after mediation with Madison County Circuit Judge Daniel Stack a month later.

Peipert of Granite City 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.

The case is Madison case number 03-L-2040.

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