Oklahoma AG Plans to Appeal $465M Opioid Judgment
Oklahoma Attorney General Mike Hunter appealed the opioid judgment after the judge refused to extend the abatement funds beyond a year.
November 21, 2019 at 02:44 PM
4 minute read
Oklahoma Attorney General Mike Hunter plans to appeal a $465 million opioid judgment after the judge refused to extend the abatement funds beyond a year.
The state joins Johnson & Johnson, sole defendant in the case, along with its subsidiary, Janssen Pharmaceuticals, in appealing the Nov. 15 judgment, which followed the first trial in the nation over the opioid crisis. At trial, the state's lawyers had argued for $17.5 billion paid out over 30 years to fix the opioid crisis in Oklahoma.
"During the trial, the state's expert witnesses repeatedly testified that it could take up to 30 years or more to take our state back to where we were before the crisis began," Hunter said in a statement Thursday. "All of these experts agree that there are dire consequences if we do not end the crisis in its entirety, and that it will get much worse and more Oklahomans will die. Johnson & Johnson had no abatement expert of its own and failed to present a competing abatement plan."
The state's appeal brief is due Dec. 16. Johnson & Johnson also has said it plans to appeal the judgment, which it said was "neither supported by the facts nor the law" and misapplied the claim of public nuisance.
"Today marks another procedural step on the way to appeal," wrote Johnson & Johnson attorney Sabrina Strong, a partner at O'Melveny & Myers in Los Angeles. "As was said when the judgment was announced, the company has very strong grounds to have this decision overturned. The company manufactured FDA-approved pain medicines, took steps to educate doctors so they could make informed treatment decisions with their patients, and trained their sales representatives to lawfully provide appropriate and accurate information to doctors."
Cleveland County District Court Judge Thad Balkman issued his original $572 million bench verdict Aug. 26.
"The opioid crisis is an imminent danger and a menace to Oklahomans," he said when rendering his verdict. Specifically, he said, Johnson & Johnson and Janssen created a nuisance that caused an increased rate of addiction, overdose deaths and addicted babies in Oklahoma.
In this month's final judgment, Balkman's total in abatement costs included $232.9 million for assessments for addiction treatment services and nearly $103.3 million for staff to administer pain-management therapies. The judgment also included an unspecified amount of attorney fees.
He reduced an original $107.7 million earmarked for evaluating babies born addicted to opioids to $107,700 due to a mathematical error.
In a press release, Hunter noted that the state "agrees with Judge Balkman's final order on a multitude of fronts," most significantly that Johnson & Johnson created a public nuisance in causing the opioid crisis in Oklahoma.
"However, we respectfully disagree with his order where it says Johnson & Johnson must only fund one year of cleaning up the public nuisance he found Johnson & Johnson created, after the company deceived and bombarded our doctors and Oklahomans with lies, leading to the deadliest manmade public health crisis in our nation's history," he said in a statement. "This limitation directly opposes evidence presented during trial and the state's public nuisance law, which requires full remediation of the problem."
He added support for Oklahoma Gov. Kevin Stitt, who, along with the state's two senior legislators, filed an Oct. 28 proposed amicus brief to clarify that Johnson & Johnson, and not the state's taxpayers, should continue to fund the abatement costs over several years. Johnson & Johnson, pointing to Balkman's conclusion that there were "gaps in the state's evidence" as to costs beyond one year, insisted that the payouts should be good for a year.
Balkman, however, disagreed with Johnson & Johnson that the judgment should be reduced based on $355 million in credits tied to settlements that the state negotiated with other defendants, Purdue Pharma and Teva Pharmaceuticals. Purdue settled out of the case in March for $270 million. One day before the May 28 trial, Teva agreed to pay $85 million, leaving Johnson & Johnson as the only defendant at trial.
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 AllDC Judge Rules Russia Not Immune in Ukrainian Arbitration Award Dispute
2 minute readTrump-Appointed Judge Presides Over NASCAR Antitrust Dispute Under Case Reassignment
3 minute readState Appellate Court Relies on 'Cancellation Rule' for Expert's Conflicting Testimony
Trending Stories
- 1Ex-Red Robin CLO Joins Norton Rose Fulbright After Helping Sell Latest Employer for $4.9 Billion
- 2Watch Your Pronouns
- 3Burford Sets Sights on UAE’s Surge in Construction & Disputes
- 4Santa Barbara Judge Accused of Moonlighting as Attorney for Secretary/Girlfriend
- 5Will Khan Resign? FTC Chair Isn't Saying Whether She'll Stick Around After Giving Up Gavel
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