As the opioid epidemic rages on across the country, two neighboring states are beginning their descent into this realm. Across the country, there are multiple levels of lawsuits and thousands of government agencies have filed their own lawsuits against distributors of opioid products. Oklahoma is leading the charge in these cases as the first of its kind. Other states and agencies across the country are looking to see how this case turns out to provide insight into their own cases, including Texas. Meanwhile, Bastrop County is considering filing its own lawsuit against manufacturers, potentially joining other Texas counties and agencies filing such cases.
Details on the Oklahoma Case
Oklahoma is suing pharmaceutical conglomerate Johnson & Johnson. Several pharmaceutical companies have already settled with the plaintiff, including Purdue Pharma, the maker of OxyContin, which settled for $270 million. The states and counties get 6 percent, or $12 million, of that amount to try to deal with the addiction epidemic. Another $200 million is earmarked to establish an addiction treatment center at the University of Oklahoma. Attorneys involved in the case will receive $60 million. Representatives of the plaintiff in the case say that they reached the settlement in fear that the company would file bankruptcy and they would receive nothing. Oklahoma also recently announced an $85 million settlement with Teva Pharmaceuticals.
Details on Texas Cases
Travis County has filed a lawsuit in federal court against opioid manufacturers. An Ohio court is currently overseeing that litigation. Bexar County has filed lawsuits against dozens of manufacturers and distributors of opioid medications in state court. It is hoping to be the first county in Texas to go to trial against the manufacturer and hopes such a trial will be scheduled within a year’s time. An attorney from the law firm handling Bexar County’s lawsuit reported that Bastrop County commissioners have given staff approval to enter into a similar agreement with the law firm to represent them in state court. There are currently approximately 40 claims of this nature pending in Texas.
How the Oklahoma Case Affects Texas Cases
The outcome of the Oklahoma case could have implications for similar Texas trials. It is the first case of its kind to go to trial, which can provide great insight in the case. It can reveal the potential defenses that the manufacturer may raise in the Texas case. Additionally, it can show how juries might view the case and how much damages are at stake.
Knowing that Oklahoma state and its counties only get a small percentage of the total payout in such settlements may provide motivation to Texas counties to directly sue the manufacturer in order to receive a complete recovery.
Details on State Opioid Litigation
Historically, opioids have been prescribed to many people as an effective painkiller, so effective that these drugs often became highly addictive. According to the United States Department of Health and Human Services, pharmaceutical companies reassured the medical community in the late 1990s that patients would not become addicted to these pain medications, motivating many healthcare providers to prescribe them at even greater rates. The increased rate of making prescriptions for these drugs led to misuse of the medication. Healthcare providers saw patients becoming addicted to them. Due to rampant misuse, the U.S. Department of Health and Human Services declared a public health emergency regarding the problem.
The department reports that 11.4 million people misuse prescription opioids and that more than 130 people die every day from opioid-related drug overdoses. It also reports that more than 28,000 deaths can be attributed to opioids other than methadone. More than 42,000 people died from this cause in 2016.
The cases throughout Ohio, Oklahoma, Texas and other jurisdictions center on how communities have become ravaged by opioids after manufacturers of these products flooded the state with these highly addictive painkillers. These cases allege that the manufacturers are to blame for patients becoming addicted to these drugs, which are motivated by misleading medical claims and aggressive marketing practices. The cases will focus on how the country reached the epidemic level regarding this issue. The state plaintiffs argue that they are owed money for damages that the addiction crisis caused.
