NORMAN, Okla. — An Oklahoma judge on Monday found Johnson & Johnson and its subsidiaries helped fuel the state’s opioid crisis and ordered the consumer products giant to pay $572 million, more than twice the amount another drug manufacturer agreed to pay in a settlement.
Cleveland County District Judge Thad Balkman’s ruling followed the first state opioid case to make it to trial and could help shape negotiations over roughly 1,500 similar lawsuits filed by state, local and tribal governments consolidated before a federal judge in Ohio.
“The opioid crisis has ravaged the state of Oklahoma,” Balkman said before announcing the verdict. “It must be abated immediately.”
The companies are expected to appeal the ruling to the Oklahoma Supreme Court.
Before Oklahoma’s trial began May 28, the state reached settlements with two other defendant groups — a $270 million deal with OxyContin-maker Purdue Pharma and an $85 million settlement with Israeli-owned Teva Pharmaceutical Industries Ltd.
Oklahoma argued the companies and their subsidiaries created a public nuisance by launching an aggressive and misleading marketing campaign that overstated how effective the drugs were for treating chronic pain and understated the risk of addiction. Oklahoma Attorney General Mike Hunter says opioid overdoses killed 4,653 people in the state from 2007 to 2017.
Hunter has called Johnson & Johnson a “kingpin” company that was motivated by greed. He specifically pointed to two former Johnson & Johnson subsidiaries, Noramco and Tasmanian Alkaloids, which produced much of the raw opium used by other manufacturers to produce the drugs.
On Monday, Hunter said the Oklahoma case could provide a “road map” for other states to follow in holding drugmakers responsible for the opioid crisis.
“That’s the message to other states: We did it in Oklahoma. You can do it elsewhere,” Hunter said. “Johnson & Johnson will finally be held accountable for thousands of deaths and addictions caused by their activities.”
“They’ve been the principal origin for the active pharmaceutical ingredient in prescription opioids in the country for the last two decades,” Hunter said after the trial ended July 15. “It is one of the most important elements of causation with regard to why the defendants … are responsible for the epidemic in the country and in Oklahoma.”
Attorneys for the company have maintained they were part of a lawful and heavily regulated industry subject to strict federal oversight, including the U.S. Drug Enforcement Agency and the Food and Drug Administration, during every step of the supply chain. Lawyers for the company said the judgment was a misapplication of public nuisance law.
Sabrina Strong, an attorney for Johnson & Johnson and its subsidiaries, said the companies have sympathy for those who suffer from substance abuse but called the judge’s decision “flawed.”
“You can’t sue your way out of the opioid abuse crisis,” Strong said. “Litigation is not the answer.”
Oklahoma pursued the case under the state’s public nuisance statute and presented the judge with a plan to abate the crisis that would cost between $12.6 billion for 20 years and $17.5 billion over 30 years. Attorneys for Johnson & Johnson have said that estimate is wildly inflated.
Also on Monday, the Kentucky Supreme Court declined to review an earlier ruling, making previously secret testimony from former Purdue Pharma President Rickard Sackler and other documents public. The court record was sealed in 2015 as part of a $24 million settlement between Purdue and Kentucky.
The 17 million pages of documents were being shipped Monday from Frankfort to Pike County, where the case originated. The Pike County Circuit Court Clerk’s office could not immediately say how and when they would be available.
— Sean Murphy
It’s not as black and white as your comment makes it out to be. My husband just had surgery and was given Oxycodone and did not have to use all of it.
It’s ironic that your comment was posted on August 27 2019. Our son died on August 27 2017. He was given hundreds of Oxycodone for pain after being hit by a car and became addicted. He hated how it made him feel but could not stop. His spiral to death began with the Oxycodone.
Thousands and thousands of deaths have the same story as our son. The doctor knew he was addicted. Is he responsible? If no why? Was my son responsible when the whole world knows now that persons susceptible to addiction can become addicted after 5 pills?
I don’t know the answer to this horrible epidemic. All I know is I would take your pain 100 times over rather than the devastating pain, anguish, and utter despair of losing my son. There is NO PAIN ON THIS EARTH WORSE THAN THE DEATH OF A CHILD!!
Also of interest is the online NEW YORKER article, entitled EMPIRE OF PAIN, on the criminal Sackler family and Purdue Drugs.
Peddlers of poison. They will answer to God for all the pain they have caused.
There’s a simple solution for Johnson & Johnson. Stop selling the products to people in excruciating pain. Tell them to bite a pillow.
The addicts will still get what ever they want.. period! They will still be addicts they will just abuse another drug or make another drug. Just like the guns..they wont take those from americans will they?? Those who want guns will still find a way while law abiding citizens will be defenseless….why would they take pain medicine from people that truly need them… they allows chronic pain sufferers to function, work and live a half way decent existence. Who will support those who can no longer function?? Try to live like after a rough surgery 24/7 !! I wish fo 30 min I could transfer this pain hell to those who dont understand.
This again, just shows how warped our court system and these judges can be. This ruling will do absolutely nothing to solve the opioid and drug abuse crisis in our country. It will probably cause alot more problems for many of us chronic pain patients. Drug abusers and addicts are to blame for their actions! No one else.
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