After losing the first major opioid lawsuit filed in Oklahoma in the summer of 2019, Johnson & Johnson attorneys moved swiftly to find ways of reducing the company’s liability. They launched an official appeal against the judgment, arguing that the judge erred in his verdict.
Initially, Judge Thad Balkman of the Cleveland County District Court ordered the drug manufacturer to pay $572 million in damages. In his ruling, the judge had stated that he found the company guilty of propagating misleading marketing strategies that played a critical role in causing a surge in opioid addiction and overdose deaths in the State of Oklahoma.
The company filed an appeal with the Oklahoma Supreme Court, arguing that the ruling involved a wrong interpretation of the Oklahoma public nuisance law.
In its appeal, the company’s lawyers argued that judge Balkman’s decision that the marketing and sale of unlawful products in the state constituted public nuisance could have severe implications for all businesses operating in the state.
The attorneys further argued that the ruling had immense public-policy implications and hugely undermined the product-liability laws in the state, which govern disputes over the marketing and sale of various products.
The lawyers stated that the verdict threatened the wellbeing of thousands of product companies that do business in the state.
Oklahoma’s Opioid Case Was Closely Watched
Other states and counties closely watched Oklahoma’s case because it was the first among approximately 1,500 similar opioid lawsuits against different drug manufacturers and distributors accused of fueling the opioid epidemic in the country. Its outcome would set a good reference point for the other cases.
Before starting its case against Johnson & Johnson, the State of Oklahoma had reached mutual settlements totaling $355million from two other drug manufacturers, including OxyContin maker Purdue Pharma and Israel-owned Teva Pharmaceuticals.
In its comprehensive plan to provide approximately $10billion in settlement to help reimburse states, counties, and local governments for costs associated with cleaning up the damages related to the opioid crisis Purdue Pharma filed for bankruptcy last year.
$107Million Chopped from Johnson & Johnson Opioid Settlement
Following the appeal and after re-assessing his verdict, judge Balkman slashed approximately $107million from the initial settlement of $572million. In his new ruling, the judge ordered the drug manufacturer to pay $465million in settlement.
The compensation amount of $465million will be used to cover opioid epidemic abatement costs for one year. Previously, the state attorneys were fighting for 20 years of payment or even more, but their attempt was unsuccessful.
The judge acknowledged an error he made in his initial calculation of how much a years’ worth of opioid addiction remuneration cost.
During the initial court trial, the state attorneys had claimed that it would cost more than $17billion over three decades to effectively counter the effects of the epidemic, which has seen addiction to prescription opioid drugs and overdose deaths skyrocket over the past two decades.
However, the judge refused to lower Johnson & Johnson’s payment further to take into account the state’s other settlement with Teva Pharmaceuticals and Purdue Pharma.
More Lawsuits Are Waiting Settlement
The opioid case in Oklahoma was only the first in as many as 1,500 opioid lawsuits filed in different parts of the country. The case was also separate from the national opioid litigation filed in Cleveland federal court.
In the federal litigation, thousands of counties, cities, local governments, and individual groups have sued opioid manufacturers and distributors for propagating misleading information about opioids.
They claim that the drug manufacturers and distributors failed to warn patients on the risk of addiction leading to the opioid epidemic in the country.
Discussions in the larger litigation have been ongoing since 2019, mostly in Washington, D.C, and new developments are witnessed every week. Some individuals have also come together and filed class-action lawsuits against the drug manufacturers and distributors.
Experience Dealing with Opioid Litigation
Our attorneys have and continue to play a critical role in helping counties, cities, local governments, and individuals combat the opioid crisis in the United States through research and litigation.
Our team of experienced opioid attorneys is fully committed to public health and has massive experience dealing with opioid litigation. We are always ready to evaluate your case and fight for your rights.
Talk to an experienced opioid lawsuit attorney today and let experts help you fight for your rightful compensation!
