11th Circuit Upholds Exclusion of Study in Accutane Case

ATLANTA - A federal appellate court on May 7 upheld the exclusion of a study that purportedly links Accutane with inflammatory bowel disease. In re Accutane Products Liability Litigation, No. 09-16368 (11th Cir.).

The 11th Circuit U.S. Court of Appeals ruled that the trial court did not abuse its discretion in excluding consideration of the study, which plaintiffs planned to use as a basis for admission of their previously excluded expert, Dr. Ronald Fogel.

In 2004, multiple toxic torts lawsuits alleging that Accutane caused irritable bowel disease were consolidated in the U.S. District Court for the Middle District of Florida. …