Actor’s acne drug case has implications for Irish litigants

IRISH litigants in legal actions against a pharmaceutical giant are likely to watch with interest an American case over the safety of one of the world’s most popular drugs used in the treatment of severe acne.

A Hollywood actor has launched his own action against the makers of Accutane, which has been linked to a series of side effects including clinical depression and bowel ailments.

James Marshall, who appeared alongside Tom Cruise in A Few Good Men and who starred in a number of other films, is claiming that bowel problems caused by Accutane led to the removal of his colon, thereby harming his career.

He is seeking damages of at least $11 million (€8.35m) and witnesses testifying to his skills as an actor in the case are likely to include Martin Sheen and Brian Dennehy.

The drug was originally manufactured by Roche, who took it off the market last year.

In Ireland, it is understood that around 10 cases are pending against Roche from Irish users of the drug.

One of those cases involves Liam Grant, a Dublin forensic accountant and member of the Accutane/Roaccutane Action Group. He is taking a case after claims that his son, then aged 19 and also called Liam, became depressed and died by suicide in 1997 after taking Roaccutane for a four-month period.

Last May the European Ombudsman, P Nikiforos Diamandouros, criticised the European Medicines Agency (EMEA) over its refusal to allow Mr Grant access to information on adverse reactions to Roaccutane.

The EU Ombudsman said the EMEA had failed to provide valid and adequate grounds for its refusal to make such information available in a case which he said “constitutes an instance of maladministration”.

Roche denies the drug is to blame for any deaths or severe mental health problems.

Mr Grant’s own High Court action against Roche is likely to be listed within the next year.