McCarrell v. Hoffmann-La Roche Inc. and Roche Laboratories Inc., Docket No. ATL-L-1359-03

In July 2003, plaintiff Andrew McCarrell filed suit against Hoffman-LaRoche for injuries that allegedly resulted from his use of the acne drug Accutane, a drug produced and marketed by defendants. The jury awarded McCarrell over $2.6 million in damages, but the Appellate Division reversed because the defendants were not allowed to present contextual information on the overall number of Accutane users.

NJCJI argued that the high court should take up this case in order to clarify the law on expert testimony by setting a single standard for admissibility, and reiterate the importance of the judiciary’s gatekeeping role. However, the New Jersey Supreme Court denied cert.