Motion To Dismiss Opioid Lawsuit Denied

Motion To Dismiss Opioid Lawsuit Denied

Introduction

On Tuesday, 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.