First Opioid Crisis Trial Opens With Oklahoma AG Asking for Billions of Dollars
A lawyer for the state of Oklahoma opened the bench trial with: "If you oversupply, people will die."
May 28, 2019 at 01:34 PM
5 minute read
The first trial over the opioid crisis opened Tuesday, with lawyers for the state of Oklahoma asking a judge to rule that Johnson & Johnson should pay tens of billions of dollars to fund an abatement program.
Four lawyers for the state, including Attorney General Mike Hunter, told Cleveland County District Court Judge Thad Balkman in an opening statement that Johnson & Johnson's oversupply of the prescription painkillers led to massive addictions and deaths, according to coverage of the trial in Norman, Oklahoma, provided by Courtroom View Network. Pursuing a single claim of public nuisance, the state is seeking monetary damages to provide treatment and other programs.
“If you oversupply, people will die,” said Brad Beckworth, a partner at Nix Patterson in Austin, Texas, in an opening statement that included several charts and graphs. “The reason we have an opioid crisis is that simple. If you oversupply, people will die.”
Michael Burrage, co-founder of Whitten Burrage in Oklahoma City, said Johnson & Johnson should pay more than $800 million per year for as many as 20 years—or, a “bit shy of $13 billion”—to abate the crisis.
“The day of reckoning is now here for Johnson & Johnson,” he told the judge. “You need to make Johnson & Johnson clean up this mess that they had made in Oklahoma. You are the only person that can make them do that, and it should happen at the end of this trial, in this courtroom in Norman, Oklahoma.”
Johnson & Johnson attorney Larry Ottaway of Oklahoma City's Foliart Huff Ottaway & Bottom insisted that many of the assertions made by the state's lawyers simply weren't true. The state's chart, for instance, didn't show the amount of misuse of Johnson & Johnson's painkillers, which also make up less than 1% of opioids in the state.
Further, he said, the U.S. Food and Drug Administration approved Johnson & Johnson's opioids, including warnings of abuse on their labels, as long as there was a balance between the risks and benefits.
“At every step, the government was involved with oversight and endorsement,” he said. “You heard a very clever catch phrase: 'Oversupply, and people will die.' You may not be old enough, but I am, to remember, 'if the glove fits, you must acquit.' Same pentameter, same kind of catch phrase. The trouble with it is, the government controls the amount of active pharmaceutical ingredient that can come into the country.”
The Cleveland County District Court trial wraps up in two months. Lawyers suing opioid manufacturers and distributors, in both state and federal courts across the country, are closely watching the trial and its outcome. A larger case is set for trial Oct. 21 that would be the first in the multidistrict litigation before U.S. District Judge Dan Polster, in Cleveland, which involves more than 1,600 cases, primarily brought by cities and counties, over the opioid crisis.
The Oklahoma case initially named Purdue Pharma and Teva Pharmaceuticals, along with Johnson & Johnson's Janssen Pharmaceuticals. Purdue settled out of the case in March for $270 million. On Sunday, Teva agreed to pay $85 million, leaving Johnson & Johnson as the sole defendant.
“In short, we've dealt with some of the fallout of defendant's actions. It's time to hold them responsible for their actions,” Hunter said Tuesday. “I believe the evidence will show that justice for Oklahomans means requiring these defendants to clean up the terrible tragic mess that they have left us with in our state, whatever the cost.”
Lawyers for the state of Oklahoma argued that Johnson & Johnson's aggressive marketing of its opioids led doctors and hospital staff, and others, to believe the painkillers were not addictive and could be appropriate for pain treatment in the long term.
Beckworth said there was no crisis when opioids first arrived on the market, but, after 1996, Johnson & Johnson's sales representatives took doctors out to dinner, as part of a more aggressive marketing campaign, to convince them to use their opioids in an effort to boost sales.
Also, despite a corporate policy of being responsible for its communities, Johnson & Johnson did not participate in the various task forces that the state set up to deal with the opioid crisis.
“J&J left, and we ended up holding the bag,” Beckworth said.
And the costs of cleaning up are in the billions, said Reggie Whitten, another co-founder of Whitten Burrage, for the state of Oklahoma.
“They changed the way this country viewed opioids,” he said. “It's really, really difficult to fix it.”
Ottaway, Johnson & Johnson's lawyer, countered that doctors take into account their own medical knowledge and other resources to decide whether to prescribe opioids—not just the word of its sales reps.
And he questioned why state agencies, which knew about potential opioid abuse as early as 2001, didn't do more to stem the epidemic.
“It's more than simple slogans,” he said. “But if we're talking about lessons, we're a state that is not poor. We are rich in resources and people. We can solve this problem, but we don't need to do this to do it. Why are we here? Because when you're right, you fight.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFederal Judge Sends Novel Damages Question in Employment Dispute to State Court
5 minute readBank of America's Cash Sweep Program Attracts New Legal Fire in Class Action
3 minute readCounty Reps: Appeal Likely Following State Court's Sales Tax Ruling for Retail Marijuana
6 minute read'Don't Be Afraid to Dumb It Down': Top Fed Magistrate Judge Gives Tips on Explaining Complex Discovery Disputes
Trending Stories
- 1Elon Musk Names Microsoft, Calif. AG to Amended OpenAI Suit
- 2Trump’s Plan to Purge Democracy
- 3Baltimore City Govt., After Winning Opioid Jury Trial, Preparing to Demand an Additional $11B for Abatement Costs
- 4X Joins Legal Attack on California's New Deepfakes Law
- 5Monsanto Wins Latest Philadelphia Roundup Trial
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250