Oklahoma takes on drugmakers Johnson & Johnson, Teva in landmark opioid trial

[webfact]

Oklahoma takes on drugmakers J&J, Teva in landmark opioid trial

By Nate Raymond

 

FILE PHOTO: A Johnson & Johnson building is shown in Irvine, California, U.S., January 24, 2017. REUTERS/Mike Blake

 

(Reuters) - Gail Box vividly remembers the day in May 2011 when she first learned her 22-year-old son Austin, a University of Oklahoma linebacker, was abusing opioid painkillers: It was the day he died of an overdose.

 

In a few months he had gone from taking pills prescribed for a back injury to illicitly obtaining more of the addictive drugs from acquaintances.

 

"We did not know he was abusing," she said. "At that time, there was a lot of over-prescribing, and I think people in his life were able to get him opioids."

The question of why painkillers flooded into Oklahoma and the rest of the country will be the a central issue in a trial beginning Tuesday in Norman, Oklahoma, pitting the state against two drugmakers it accuses of fueling the epidemic: Johnson &Johnson and Teva Pharmaceutical Industries Ltd.

 

Oklahoma Attorney General Mike Hunter's $17 billion lawsuit is the first to go to trialof more than 2,000 actions by state and local governments accusing opioid manufacturers of contributing to an epidemic linked to a record 47,600 overdose deaths in 2017, according to the U.S. Centers for Disease Control and Prevention.

 

The state will seek to convince Cleveland County District Judge Thad Balkman to find that the companies created a public nuisance by using deceptive marking that downplayed their drugs' addictive risks while overstating their benefits. Balkman will rule following the trial, which will last eight weeks.

The state resolved related claims against OxyContin maker Purdue Pharma LP in March for $270 million.

 

J&J and Teva deny wrongdoing, arguing the state lacks evidence linking any marketing they did to doctors writing unwarranted opioid prescriptions.

 

They also argue that even if they falsely marketed their products, the state cannot prove they caused the opioid epidemic given the role doctors, patients, pharmacists and drug dealers played in it.

 

"The FDA-approved labels for these prescription pain medications provide clear information about their risks and benefits," New Brunswick, New Jersey-based J&J said in a statement. "The allegations made against our company are baseless and unsubstantiated."

 

Israeli drugmaker Teva in a statement said it has in no way contributed to opioid abuse in Oklahoma and will vigorously defend itself.

 

In the wake of Purdue's March settlement with Oklahoma, the state dropped many of its claims against the other two defendants and shifted its focus primarily to J&J, which it claims "acted as the kingpin behind this public health emergency.

 

The state claims J&J and Teva deceptively marketed opioids with Purdue by retaining prominent doctors to give talks advocating use of opioids to treat chronic rather than short-term pain. It also says the companies funded groups that purported to be independent and these groups in turn promoted the misrepresentations.

 

The state claims J&J even marketed painkillers to children. It says the company, which formerly marketed the painkillers Duragesic and Nucynta, also grew and imported the raw materials to make the drugs.

 

MEMORIES OF TOBACCO SETTLEMENT

The Oklahoma case is being closely watched by plaintiffs in other opioid cases, particularly some 1,850 mostly municipal and state governments that have sued the same drugmakers in federal court in Ohio. The judge in that litigation is pushing the parties to reach a settlement agreement ahead of a scheduled October trial.

 

Some plaintiffs' lawyers have compared the opioid cases to litigation by states against the tobacco industry that led to a $246 billion settlement in 1998.

 

Paul Hanly, a lead lawyer for the plaintiffs in the Ohio litigation, said the Oklahomatrial could have major implications for a nationwide settlement.

 

"We will have an opportunity to see how these theories play out," he said. "Anyone who cares about public health issues should care about how the industry, or a portion of the industry, fares in this case."

 

Box said she believes "greed" in the pharmaceutical industry caused the epidemic. Box, whose husband, Craig, will testify, said she hopes any money the state recovers can be used to fund treatment and research to fight opioid addiction.

 

"Those are the things I'm hoping come out of this," she said. "Because at least myself and other families who lost loved ones, nothing is going bring them back."

 

(Reporting by Nate Raymond in Boston; Editing by Scott Malone and David Gregorio)

 

-- © Copyright Reuters 2019-05-29

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[helpisgood]

To my understanding, if an average citizen does some kind of action that he/she knows can, with some kind of reasonable possibility, result in the death of others, then some kind of criminal action can be taken.  Yet, if this happens in corporate crime, I wonder what the percentage rate for criminal punishment is for such bad actors, as compared to the average person, to face criminal penalties.

 

Sure, it's great when state or federal attorneys-general or private citizens can win large sums of money from a corporate giant in a civil lawsuit, which is of course not a criminal one.  Although, I wonder if, in the long run, the corporation will survive just fine and may even still profit after a certain period of time from their bad actions.  Yes, that's partly why there is a thing called punitive damages.

 

Still, I think these corporate bad actors may think more carefully about their actions if a prison sentence is a possible consequence.  I know that a possible problem is how to fairly pin criminal responsibility on a certain one or more individuals, especially in a large corporation.  Nevertheless, I think this is a problem worth working out. 

 

When these things happen, I always think of the ending to the movie The Big Short, which is about the scamming that occurred leading up to the 2008 financial crisis that seriously hurt very many innocent people.  According to the movie, only one person was held criminally responsible.  If an average person scammed people like that, I'd expect some criminal prosecutions would follow along with some prison time. 

 

Maybe it's time for corporate people who seriously hurt the public be more concerned about other consequences than merely calculating the "cost of doing business" with civil lawsuits for their bad actions. 

 

 

Edited May 29, 2019 by helpisgood

[Tug]

I agree many in the health field are predators not care givers that being said the vast majority are doing the good works they have my deepest admiration and respect 

[from the home of CC]

Just goes to show that everywhere there are 'professionals' that are like whores in that they can be bought. People tend to put them on pedestals and are appalled when they demonstrate 'human' characteristics like greed. Then when the government put a short leash on the doctors, China/Mexico stepped in and met many of the American needs of the newly created junkies with fentanyl. Now big pharma is making a killing on all the Naloxone they have to distribute though out the country to combat the epidemic of overdoses. And there is all kinds of research money available now for study of 'addiction' like it's a new disease, when there are like 30 -40 million alcoholics rampaging through the American health, court and social systems. Probably the worst thing to happen to folks nowadays is to have a disease that causes severe pain. With the medical 'profession' so scared of the repercussions of prescribing you are pretty well on your own. Some Doctors are calling this the 'pendulum effect', pain care overlooked due to social and professional pressures. Many substances that are touted as safe for chronic pain have proven that they detrimental to long term health, bleeding guts, heart issues and liver damage are just some of the side effects experienced by those trying to control their pain. Animals are looked after better.

[IAMHERE]

Remember when you could get Sudafed in front of the counter? Then druggies made it so you have to ask over the counter? The druggies are gonna make it so people that NEED the pain killer won't be able to get it. I feel for mom and all others but oxycontin can be quit just like cigarettes can be quit. Don't make it so oxycontin is unavailable to those that actually need it.  Someone thinks a drug company is paying ; no, it is the next person that is in pain that will be paying.

[claynlr]

On 5/29/2019 at 7:14 PM, IAMHERE said:

Remember when you could get Sudafed in front of the counter? Then druggies made it so you have to ask over the counter? The druggies are gonna make it so people that NEED the pain killer won't be able to get it. I feel for mom and all others but oxycontin can be quit just like cigarettes can be quit. Don't make it so oxycontin is unavailable to those that actually need it.  Someone thinks a drug company is paying ; no, it is the next person that is in pain that will be paying.

As the parent of 2 that were addicted to oxy, you don’t have a clue. The addiction, even to peps prescribed it is real. The one that is addicted will do ANYTHING TO CARRY ON! Rehab didn’t help, the jail they are in now I pray will...still to be determined. The cigarettes comparison made me chuckle and shake my head.....