IN RE: ACCUTANE LITIGATION
A-4698-14T1/A-0910-16T1(CONSOLIDATED)
In these multicounty litigation (MCL) products liability cases, the Appellate Division holds that the trial court erred in barring plaintiffs' experts from testifying as to certain epidemiological issues, and that Accutane can cause Crohn's disease. Accordingly, the orders dismissing the lawsuits are reversed and the cases are remanded to the trial court for further proceedings. The opinion reviews the legal principles applicable in a Kemp hearing, and provides some guidance for handling MCL cases in which the scientific evidence concerning the product develops over the protracted course of the litigation.
