November 30, 2021

Determine Rules for Big Pharma in Major Opioid Damages Lawsuit

Pharma giants ruled not liable for opioid crisis in California

A California judge on Monday dominated that pharmaceutical companies were not liable for the opioid abuse crisis in the western US state.

States and local government authorities across the US filed a lot more than 3, 300 lawsuits towards drug makers over the opioid crisis. Monday’s ruling was the first win for medication companies in such cases.  

Johnson & Johnson (J& J)  and the 3 US major drug marketers — McKesson Corp, Cardinal Health Inc and Amersource Bergen — are currently functioning on  finalizing  a offer to pay up to $26 billion    (€ 22. four billion) to settle the a large number of cases against them countrywide.  

Monday’s ruling involves  J& L,   AbbVie Inc’s Allergan subsidiary, Endo International, Teva Pharmaceutical Industries and others.

California’s Santa Clara, Los Angeles and Orange areas and the city of Oakland state that deceptive marketing from your companies created a public hassle, calling for them to pay  over $50 billion, in addition to  penalties.

What did the judge state?

Orange County Superior Court Judge Peter Wilson issued a tentative ruling that said the counties hadn’t proven that the drug companies used  deceptive marketing  to increase unnecessary opioid medications.

“ There is certainly simply no evidence to show the fact that rise in prescriptions was not the effect of the medically appropriate provision of pain medications to patients in need, ” Wilson wrote in a judgment of more than 40 pages.

“ Any undesirable downstream consequences flowing through medically appropriate prescriptions cannot constitute an actionable public nuisance, ” Monday’s judgment said.

What were the arguments?

The counties experienced argued that the companies’ advertising downplayed opioids’ addictive risks and promoted them to get broader uses than meant.

In the  months-long, non-jury trial, they said the pills flooded their residential areas and caused a rise in  overdose deaths  as a result of the companies’ marketing.  

Meanwhile, the companies contended that “ opioid medicines are an appropriate treatment for most chronic-pain patients, ” according to court filings. They also said  much of their marketing mimicked approved warnings by the US  Food and Drug Administration.

All sides, such as the judge, have acknowledged there is an opioid abuse crisis. Wilson said drug abuse hospitalizations and overdose deaths “ starkly demonstrate the enormity of the ongoing problem. ”

J& J said in a statement the “ crisis is a enormously complex public health issue, ” but the ruling showed it engaged in “ appropriate plus responsible” marketing of its prescription painkillers.

Teva said it was pleased with the particular ruling but “ a clear win for the many sufferers in the US who suffer from opioid addiction will only come when comprehensive settlements are completed and resources are made open to all who need them. ”

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