In what may be considered as the first major win for plaintiffs since the opioid crisis-related legal battles began, an Oklahoma judge imposed a $572 million penalty on Johnson and Johnson to remediate the nuisance created by their “misleading marketing and promotion of opioids”. The landmark decision would be the first to hold a drug maker responsible for the detrimental effects of years of ‘careless’ opioid prescription. Importantly, it could set a template for how other states and municipalities get the funding to repair the damage that has been done by opioid abuse. 

The presiding judge, Thad Balkman of the Cleveland County District Court ruled that the actions of the company compromised the safety of thousands of Oklahomans. While reading part of the judgment aloud on the bench, he stated that “the defendants caused the opioid crisis that is evidenced by increased rate of addiction, overdose deaths and neonatal abstinence syndrome in Oklahoma.” He further added that the current crisis is a “temporary public nuisance that can be abated and the proper remedy for public nuisance is equitable abatement.” 

Although the fine awarded by the judge pales in comparison with the $17.5 billion sought by the state attorneys, the decision represents a win for Oklahoma and potentially, many other U.S. states. The purpose of the fine would be to cater for treatment, emergency care, social services, law enforcement, and other costs that would be incurred while addressing the crisis. The state attorneys sought an amount that would be sufficient to address the crisis for the next 30 years but the judge insisted that the state did not provide enough evidence of the money and time needed to respond to the crisis beyond the first year. 

Justice at last? 

If there is anything a lot of people agree on, it is that numerous parties should take the fall for the opioid menace that is currently plaguing the country. Imposing heavy fines on manufacturers and distributors is considered by many as a good step in the right direction. Already, there are reports that Purdue Pharma, the company that is thought to be responsible for triggering OxyContin overprescription in many parts of the country is planning to pay up to $12 billion in settlements. If the deal goes through, the bankrupt company would ultimately be reorganized into an organization dedicated to the benefit of opioid crisis victims. 

The ruling in Oklahoma may also set a template for how other states pursue their claims against the big players in the pharmaceutical industry. A massive federal lawsuit brought by about 2000 cities and counties is scheduled to begin in Ohio next month. However, many experts believe that the differences across states’ laws and their interpretations could thwart similar cases in other states. 

Johnson and Johnson plans to appeal 

Unsurprisingly, the pharmaceutical giants plan to appeal the attorney’s decision. In a statement released through their attorney, Sabrina Strong, the company expressed her disappointment at the ‘flawed decision’. Their company maintains the position that “Johnson and Johnson did not cause the opioid abuse crisis in Oklahoma or anywhere in the country.” 

The statement further read that the judgment “disregards the Company’s compliance with federal and state laws, the unique role its medicines play in the lives of the people who need them, its responsible marketing practices.” With the impending appeal, it could take many more years before we arrive at a final verdict.