ROWE v. HOFFMAN-LA ROCHE, INC.


917 A.2d 767 (2007)

189 N.J. 615

Robert ROWE, Plaintiff-Respondent, v. HOFFMAN-LA ROCHE, INC., and Roche Laboratories, a member of the Roche Group, Defendants-Appellants, and ABC Corporation (said name being fictitious) and Drs. John Doe 1-10, Defendants.

Supreme Court of New Jersey.

Decided March 29, 2007.


Attorney(s) appearing for the Case

Paul W. Schmidt, a member of the District of Columbia bar, argued the cause for appellants (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys, Newark; Mr. Schmidt, Washington, DC, Michael R. Griffinger, Diane E. Lifton and Kristine V. Ryan, Newark, on the briefs).

Brian J. Molloy, Woodbridge, argued the cause for respondent (Wilentz, Goldman & Spitzer, attorneys; Mr. Molloy and Jeffrey J. Brookner, on the brief).

Ingo W. Sprie, New York City, submitted a brief on behalf of amicus curiae Pharmaceutical Research and Manufacturers of America.

Anita Hotchkiss, Morristown, submitted a joint brief on behalf of amici curiae Product Liability Advisory Council, Inc. and New Jersey Defense Association (Porzio, Bromberg & Newman, Morristown and Norris, McLaughlin & Marcus, Bridgewater, attorneys; Ms. Hotchkiss, Steven A. Karg, Bridgewater, Kerry J. Roach, Newark, John T. Chester, Morristown, of counsel and on the brief).

Michael G. Donahue, III, Lawrenceville, submitted a brief on behalf of amicus curiae Association of Trial Lawyers of America-New Jersey (Stark & Stark, attorneys).

Edward J. Fanning, Jr., Newark, submitted a brief on behalf of amicus curiae Healthcare Institute of New Jersey (McCarter & English, attorneys; Mr. Fanning and David R. Kott, of counsel; Mr. Fanning, Mr. Kott and Marielena Piriz, on the brief).


Judge LEFELT (temporarily assigned) delivered the opinion of the Court.

Plaintiff Robert Rowe, a Michigan resident, filed a complaint in Essex County against two New Jersey pharmaceutical manufacturers, defendants Hoffmann-La Roche, Inc. and Roche Laboratories, Inc. Rowe alleged that the manufacturers failed to warn adequately about the health risks associated with Accutane, a drug manufactured by defendants and approved in 1982 by the United States Food and Drug...

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