No. H027794.

30 Cal.Rptr.3d 407 (2005)

130 Cal.App.4th 782

F. HOFFMAN-LA ROCHE, LTD. et al., Petitioners, v. The SUPERIOR COURT of Santa Clara County, Respondent; Barry Wertheimer et al., Real Parties in Interest.

Court of Appeals of California, Sixth District.

June 27, 2005.

Attorney(s) appearing for the Case

Daniel J. Herling, Lina M. Brenner, Duane Morris, Frederick D. Baker, Sedgwick, Detert, Moran & Arnold, San Francisco, for Petitioners.

No appearance for Respondent.

Ara Jabagchourian, Frank Pitre, Cotchett, Pitre, Simon & McCarthy, Burlingame, Michael Ryan, Krupnick, Campbell, Malone, for Real Parties In Interest.


When Steven Wertheimer was 14 years old, he committed suicide by throwing himself in front of an oncoming Caltrain after undergoing a six-month course of Accutane — a drug prescribed for the treatment of cystic acne. In a products liability survivor action that followed, Steven's parents, Barry and Laurie Marks Wertheimer, alleged that side effects of Accutane include depression, psychosis,

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