products, the state's Appellate Division has reinstated a suit by an out-of-state man who claimed Hoffmann-La Roche's acne drug Accutane caused him to become so depressed that he attempted suicide.
The judges reversed a lower court's ruling that because the plaintiff is from Michigan, that state's product liability statute should control. Michigan offers almost absolute immunity for companies if the drug has U.S. Food and Drug Administration approval.
Since New Jersey's statute says that companies with FDA approval have only a rebuttable presumption against liability, the state is a far more plaintiff-friendly forum and last week's ruling, in Rowe v. Hoffmann-La Roche, A-4522-03T3, could invite more Accutane suits.
However, one judge dissented, which gives Hoffmann-La Roche an automatic right to appeal to the state Supreme Court.
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