Roche Can't Rely on Prior Ruling Regarding Accutane Warnings

TAMPA, Fla. - A federal judge has denied a defense motion for summary judgment in an Accutane case, rejecting the notion that a prior ruling by the court on the adequacy of the label's warning should be applied to bar the instant plaintiff's failure-to-warn claim. Snyder v. Hoffmann-La Roche, et al., No. 07-1282 (M.D. Fla.).

Judge James S. Moody Jr. ruled Jan. 2 that Hoffmann-La Roche Inc. cannot, without the benefit of additional discovery, rely on the Aug. 27 decision that rendered the company's Accutane warning adequate as a matter of law.

That decision, entered in Stupak v. Hoffmann-La Roche …