A lawsuit filed by a Hollywood actor against the manufacturer of Accutane is set to go to trial this week, promising to drag the troubled acne drug back into the spotlight.
James Marshall, perhaps best known for his roles in the movie "A Few Good Men" and the TV series "Twin Peaks," says the drug caused bowel problems so serious that he eventually had to get his colon removed. Marshall filed the suit against Roche Holding AG, which has manufactured Accutane since its debut in 1982.
Several well-known actors are set to testify at the trial, including Martin Sheen, Rob Reiner, and Brian Dennehy. Their testimony will focus on Marshall's potential as an actor and the ordeal's negative effect on his earning capacity.
Indeed, Marshall's attorney, Michael Hook, plans to argue that the drug ruined Marshall's entire career.
"The jury will hear that James Marshall had the potential to be the next James Dean-like star," Hook said. "That dream is gone because he took something to treat acne."
Many similar suits
Marshall's suit is hardly the first alleging bowel problems stemming from the use of Accutane; Roche is facing 1,000 similar suits in a number of jurisdictions. In all seven of the cases that have been tried to a verdict, the jury has ruled against Roche, and the company is already on the hook for $56 million in damages.
One of those cases, which wrapped up in February, was tried in the New Jersey Superior Court, the same forum where Marshall's case is being heard. The plaintiff in that case, Andrew McCarrell, also blamed Accutane for the loss of his colon, the end result of five surgeries for irritable bowel syndrome.
In that case, Roche ended up doubling down and losing big: McCarrell secured a $2.6 million verdict in 2007, which was thrown out after Roche appealed. The case was retried, and this time the jury said McCarrell was entitled to over $25 million.
Links to depression, birth defects
Accutane has been linked to other disturbing phenomena, including a high suicide rate among teenage users and birth defects in babies born to women taking the drug. In 2002, 15-year-old Accutane user Charles Bishop flew an airplane into a building in Florida, killing himself. His mother sued Roche, alleging that Accutane was to blame for Bishop's instability. She dropped the suit in 2007, saying it was too emotionally draining.
The drug's connection with birth defects and miscarriages has also given consumers pause. In 2005, the Food and Drug Administration implemented a program that required both doctors and patients to agree to certain responsibilities before the drug could be prescribed.
The program is administered through the website iPLEDGE , which "strives to ensure that no female patient starts isotretinoin therapy if pregnant, [and] no female patient on isotretinoin therapy becomes pregnant."
