Opioid Epidemic: New York Set For January Trial

Opioid Epidemic: New York Set For January Trial

Introduction

Jerry Garguilo, a New York state court judge, on Wednesday, set a trial date of January 20 for the lawsuits brought by the state attorney general and the Long Island counties of Nassau and Suffolk against a group of opioid manufacturers and distributors.

The judge, overseeing opioid cases from local New York governments, selected the claims from Nassau and Suffolk counties and kept dozens of other cases on hold. Several other cities, counties, and Native American tribes are also preparing for trials in 2020, possibly in California, Florida, Illinois, Minnesota, Ohio, Oklahoma, and West Virginia.

The first federal opioid trial scheduled to start in October was halted as the defendants reached settlements with the two Ohio counties who filed the lawsuit. Also, Johnson & Johnson was asked to pay $572 million by an Oklahoma judge for the nation's first opioid trial. A federal judge proposed going forward with four different trials around the U.S., but cases to go to trial is not finalized.

Earlier, Suffolk Superior Court Judge Janet Sanders denied a motion filed to dismiss a lawsuit filed against the Sackler family, claiming them responsible for the opioid crisis.

Massachusetts Attorney General Maura Healey had alleged Purdue Pharma, the Sackler family, and other top executives for fuelling the opioid-addiction in the state. A motion to dismiss the lawsuit was filed by the Sacklers and other board of directors members in April, claiming the lawsuit to be divisive, inflammatory and misleading.

The Sacklers argued, stating that the court lacked jurisdiction as the individuals didn't personally participate in the conduct as outlined in the lawsuit. 

Judge Sanders rejected the motion stating that it is the defendants' responsibility to be on notice of deceptive corporate conduct and to report instances of abuse and diversion where applicable. Also, Purdue's attempt to escape the lawsuit was ceased by Judge Sanders last month, where the company had argued the claims were barred by federal preemption because the addictive drugs were approved by the U.S. Food and Drug Administration.

Opioid lawsuits are consolidated under MDL No. 2804 (In Re: National Prescription Opiate Litigation) presided by U.S. District Judge Dan Polster.