The first-of-its-kind trial, which holds opioid manufacturers responsible for the drug crisis gripping the country, could have a large impact on other states seeking similar retribution.
In opening statements, Oklahoma Attorney General Mike Hunter called the epidemic the “worst man-made public health crisis in the history of our state and country.”
Hunter further characterized Johnson & Johnson as having been engaged in “a cynical, deceitful multimillion-dollar brainwashing campaign.”
In his opening statement, Johnson & Johnson defense lawyer Larry Ottaway told the court that Janssen Pharmaceuticals, a subsidiary of Johnson & Johnson, advertised its drugs in compliance with a Food and Drug Administration consensus that says opioids “rarely caused addiction.”
The state of Oklahoma alleges that Johnson & Johnson created a surplus of painkillers and is responsible for creating a public nuisance.
“If you have an oversupply, people will die,” said Brad Beckworth, a private attorney hired by the state of Oklahoma. Beckworth told the court that 135 pills were available for every adult in Cleveland County.
The other defendant in the suit, Israel-based Teva Pharmaceuticals Ltd., reached an $85 million settlement on Sunday. In a statement, Teva said “the settlement does not establish any wrongdoing on the part of the company. Teva has not contributed to the abuse of opioids in Oklahoma in any way.”
Teva is the second company to settle with Oklahoma in connection with the opioid crisis. In March, Purdue Pharma, the maker of OxyContin, settled for $270 million.
According to the National Institute on Drug Abuse, Oklahoma experienced 388 overdose deaths involving opioids in 2017, a rate of 10.2 deaths per 100,000 persons. The national rate was 14.6 deaths per 100,000 persons.