Johnson & Johnson ordered to pay Oklahoma $572m for fueling opioid crisis in landmark civil case
by Cassidy Morrison
| August 26, 2019 04:17 PM
Johnson & Johnson will have to pay the state of Oklahoma for fueling the opioid epidemic, a judge ruled in the country’s first civil case seeking to hold the pharmaceutical industry accountable for the crisis.
Cleveland County District Judge Thad Balkman announced Monday that Johnson & Johnson and its subsidiary, Janssen Pharmaceuticals, must pay the state $572,102,028 for worsening the opioid crisis in Oklahoma.
“The opioid crisis has ravaged the state of Oklahoma and it must be abated immediately,†Balkman said Monday.
Oklahoma’s Attorney General Mike Hunter alleged that Janssen Pharmaceuticals peddled opioids to doctors without being forthright about the products’ addictive qualities, thus contributing to thousands of overdose deaths throughout Oklahoma. The state asked for more than $17 billion over 30 years to help prevent and treat addiction and to help those whose lives were upended due to drug use.
Hunter said Johnson & Johnson violated the state’s public nuisance statute, which is defined as unlawfully endangering someone’s health, well being, and standard of living. The public nuisance argument was the fundamental point of contention in lawsuits against big tobacco in the 1990s which ended with giants of the tobacco industry settling for a total of $246 billion over 25 years.
Johnson & Johnson has argued that its medications serve a legitimate medical purpose, unlike tobacco products, and thus do not fit the bill of a public nuisance.
Lawyers working for the state said regardless of an opiate’s medical legitimacy, Johnson & Johnson hoodwinked doctors into over-prescribing medications, leading to a deluge of pills and Duragesic fentanyl patches and thousands of subsequent overdoses.
“What we do have in Cleveland County is 135 prescription opioids for every adult," Brad Beckworth, one of the state’s attorneys, said in July’s closing arguments. "Those didn't get here from drug cartels. They got here from one cartel: the pharmaceutical industry cartel. And the kingpin of it all is Johnson & Johnson.â€
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