Oklahoma Supreme Court Throws Out $465 Million Opioid Ruling Against J.&J.
The New York Times
The 5-1 decision is a setback for those who are fighting to hold big drug makers accountable for the opioid epidemic.
Oklahoma’s highest court on Tuesday threw out a 2019 ruling that required Johnson & Johnson to pay the state $465 million for its role in the opioid epidemic. It was the second time this month that a court has invalidated a key legal strategy used by plaintiffs in thousands of cases attempting to hold the pharmaceutical industry responsible for the crisis.
The Oklahoma Supreme Court, 5-1, rejected the state’s argument that the company violated “public nuisance” laws by aggressively overstating the benefits of its prescription opioid painkillers and downplaying the dangers.
The ruling, along with a similar opinion by a California state judge on Nov. 1, could be a harbinger that plaintiffs’ hopes for favorable resolution in courts nationwide against opioid manufacturers, distributors and retailers will be dashed. The decision could also embolden the companies to dig in.
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