Oklahoma Supreme Court overturns historic opioid ruling against Johnson & Johnson

Oklahoma’s highest court reversed a historic ruling against drugmaker Johnson & Johnson on Tuesday, finding a judge incorrectly interpreted public nuisance laws in the nation’s first major trial over the opioid epidemic.

The 5-to-1 decision that overturned the $465 million verdict issued by Cleveland County District Judge Thad Balkman in 2019 is a blow to the argument that companies that marketed, sold and distributed opioids created a public nuisance and should abate some of the damage drugs have caused in communities.

Oklahoma communities alleged they were inundated by billions of pills while people were becoming addicted and overdosing. A similar claim is being tested in courts by other communities nationwide that are suing companies, arguing they are in part responsible for the public health crisis that has killed more than 500,000 people in two decades.

Companies scored a win last week in California when a judge said he would rule against several large counties arguing public nuisance claims because they had not proved deceptive marketing increased medically unnecessary prescriptions. Other cases hinging on similar arguments have not yet been heard or decided. In West Virginia, a federal judge is considering his ruling in a case that centers on a public nuisance claim, in which hard-hit communities allege distributors shipped opioids to their area without regard for red flags. The distributors have denied wrongdoing.

Read more: https://www.post-gazette.com/news/crime-courts/2021/11/09/johnson-and-johnson-opioid-ruling-oklahoma-supreme-court-465-million-decision-against-jj-reversed/stories/202111100115