Commenting on the recent decision by the New Jersey Appellate Division to revive more than 2,000 cases alleging Hoffmann-La Roche Ltd.’s acne medication Accutane caused patients to develop Crohn’s disease, Mr. Fanning noted with respect to the dubious expert testimony in the matter, “this is an opportunity for the court to take another look at that and to decide whether New Jersey wants to join the mainstream … and adopt Daubert, or whether we still want to be that outlier.”
“I think the time is now ripe for them to make that decision,” Fanning added.