Nation’s first opioid trial could set precedent for massive pharma payouts - POLITICO
▻https://www.politico.com/story/2019/05/28/opioid-trial-pharma-payouts-1344953
The Oklahoma trial, which will be broadcast online, is expected to last for much of the summer, putting a national spotlight on the opioid crisis, which is still killing 130 people in the United States every day. The testimony will focus on how much manufacturers of highly addictive painkillers are to blame for getting patients hooked on opioids through misleading medical claims and aggressive marketing practices.
The trial involving Johnson & Johnson will be closely watched by the hundreds of parties participating in the larger multi-district litigation overseen by U.S. District Court Judge Dan Polster, who has been pushing for a massive settlement before the first of those cases go to trial in the fall.
“It’s going to be one of the first times that there will be evidence presented in an open forum about how we got to where we are,” said Joe Rice, co-lead counsel in the federal litigation targeting drugmakers and distributors in Ohio. “That’s a big question that a lot of people in the health community want to know. … Why and how did we get here?”
On Sunday, Oklahoma also announced an $85 million settlement with Teva. That left Johnson & Johnson subsidiary Janssen Pharmaceuticals as the sole remaining defendant, barring a last-minute settlement.
Purdue and its owners, the Sackler family, settled with Oklahoma for $270 million in March, which some state lawmakers and public health experts condemned as too meager. The biggest chunk of that settlement, $200 million, will be used to establish a new addiction treatment center at the University of Oklahoma. Another $60 million will be paid to attorneys involved in the case, and just $12 million will filter down to cities and towns struggling to deal with the addiction epidemic.
Oklahoma Attorney General Mike Hunter stressed that the settlement was the best option because of the threat that Purdue would declare bankruptcy and the state might end up with nothing. But that means Oklahoma’s attorneys will have to make the potentially trickier case that other, less notorious players in the opioid pipeline created a “public nuisance” in the state by pushing misleading medical claims.