Several years ago, Plaintiffs from around the country filed products liability suits in New Jersey state courts against local pharmaceutical manufacturer Hoffmann-La Roche. Hoffmann-La Roche was the maker of Accutane, a drug used to treat severe acne. This drug has since been discontinued in the wake of allegations that the drug caused gastrointestinal harm, and other medical complications. The case before the New Jersey Appellate Division, Kendall v. Hoffmann-La Roche, Inc., No. A-2633-08, focused on three Florida residents who were previously awarded compensatory damages totaling nearly $12 million.
The Appellate Division Judges, including Rutgers School of Law-Camden professor Hon. Jack Sabatino, rendered a decision based on the controlling Florida law of proximate causation that “entitled  La Roche  to judgment as a matter of law” (New Jersey Law Journal, 206 N.J.L.J. 554, Vol. 209 No.7). The application of Florida’s proximate causation law was based on several factors: where the plaintiffs live, where they were prescribed the drug, where they took the drug, and where they suffered any resulting harm—Florida.
For those of you interested in reading the full article in the New Jersey Law Journal, please stop by the Law Library Circulation Desk and request the August 13, 2012 (Vol. 209 No. 7) edition.
Written by CDS.