The first day of the opioid litigation at the Touro College Jacob D. Fuchsberg Law Center auditorium in Islip New York on June 28. Photo: Ryland West/ALM

A Suffolk County jury on Thursday ruled in favor of New York state and the Long Island counties in the state's long-running opioid trial, finding that a group of drug companies created a public nuisance through their role in the opioid crisis. But the jurors also answered "yes" to a question on the verdict sheet about whether New York state itself contributed to the public nuisance in the state, assigning 10% of responsibility to the state with the remaining 90% distributed among the drug companies. The jury answered "no" to the question of whether Nassau and Suffolk counties contributed to the public nuisance in those two jurisdictions. The amount of damages owed by those found responsible has yet to be determined. Napoli Shkolnik partner Hunter Shkolnik, who represents Nassau County, said Thursday that the number could be in the tens or even hundreds of billions. The jury began deliberating on Dec. 14 after hearing more than five months of testimony presented by the government plaintiffs and the defendants. Several people involved with the trial said they had been told it may have set a record as New York's longest. "It's somewhat of a miracle that we kept a jury here for six months," Suffolk County Supreme Court Justice Jerry Garguilo said Thursday. Garguilo noted that the trial extended through "all four seasons," and post-trial proceedings are set to last into the spring, according to a schedule discussed after the verdict was read Thursday. An application for a mistrial by the defendants is still pending. Attorneys for the plaintiffs immediately praised the ruling Thursday, with Shkolnik and Simmons Hanly Conroy shareholder Jayne Conroy, who represents Suffolk County, describing it as a "massive victory" in a joint statement. "Our work continues, as we now move onto the damages phase, where we will continue to fight to make sure Long Island and New York State get the resources they need to fund the abatement, treatment and recovery programs necessary to fully address the opioid crisis," Conroy and Shkolnik said. During a news conference Thursday afternoon, Conroy and Shkolnik emphasized that the Long Island trial was unique because companies involved in every part of the opioid supply chain were named as defendants. "What we undertook in New York and I think a lot of people thought was impossible was literally … we took on everybody in one trial, which hadn't happened yet, it's been more piecemeal," Shkolnik said. "Manufacturers, distributors, pharmacies -- we chose to take them on all at once." New York Attorney General Letitia James also praised the verdict and its significance for families and communities affected by the opioid crisis in a statement Thursday. "Teva Pharmaceuticals USA and others misled the American people about the true dangers of opioids, which is why, in 2019, I made a promise that our team would hold them and the other manufacturers and distributors responsible for the opioid epidemic accountable for the suffering that they have caused," she said. Morgan Lewis & Bockius represents Teva Pharmaceuticals and affiliated companies, while Foley & Lardner represents Anda Inc., the only other remaining defendant in the suit. Counsel for the defendants did not immediately respond to requests for comment Thursday. The defense attorneys said during closing arguments that the plaintiffs failed to prove their pharmaceutical companies substantially contributed to the opioid crisis, arguing that the plaintiffs' lawyers tried to blur the lines between the remaining defendants and larger companies no longer involved in the case. The opioid lawsuit originally named a roster of major drug companies as defendants, including Purdue Pharma, AmerisourceBergen and Johnson & Johnson. But the bankruptcies of Purdue and a handful of other defendants led to their removal from the case, and settlements shrunk the list further. Johnson & Johnson agreed to pay more than $250 million as part of a settlement reached on the eve of opening arguments in June, and McKesson Corp., Cardinal Health Inc. and AmerisourceBergen Drug Corp. reached a $1.1 billion settlement the following month. Those agreements were followed by a $50 million settlement with Endo International in September and a $200 million settlement with Allergan Finance announced the morning closing arguments began. The bulk of the settlement money is set to go toward opioid treatment, prevention and education programs in New York, with New York Attorney General Letitia James noting that while "no amount of money will ever make up for the thousands who lost their lives or became addicted to opioids" in New York, the money will help "prevent future devastation."