5-1 decision will allow case to proceed, despite concerns regarding statute of limitations, FDA’s approval

TRENTON, N.J. – Marcus Rayner, executive director of the New Jersey Lawsuit Reform Alliance, issued the following statement regarding the state Supreme Court’s decision in Kendall v. Roche:

“The New Jersey Supreme Court’s decision in Kendall v. Roche negatively impacts thousands of businesses across the state at time when we are trying to create jobs and recover from a severe economic downturn.  The court’s disregard for New Jersey’s statute of limitations adds uncertainty in challenging times. 

“By finding that the Federal Food and Drug Administration’s approval is inadequate, Roche and other product manufacturers can now be found liable for damages even if all steps to obtain the proper labeling were taken and approved.  This adds great uncertainty to the business community and essentially adds enormous overhead costs to the development of critical and life-saving drugs.