Opioid Defendants Want Federal Judge Disqualified

Opioid Defendants Want Federal Judge Disqualified

Introduction

On Saturday, September 14, attorneys representing drug manufacturing and distributing companies filed a motion for the disqualification of US District Judge Dan Polster from opioid litigation hearings.

According to the motion filed, attorneys on behalf of two groups of defendants which include the retailers Walgreens, Walmart, Rite Aid, and CVS, and the drug distribution companies Cardinal Health, AmerisourceBergen, and McKesson claimed, over the past 21 months, Judge Dan Polster has shown bias against the defendants. The motion comes before a critical hearing that has been scheduled for September 23,  in Cleveland before Judge Polster.

The motion further states Judge Polster had intentions to resolve the case within a year, which not only crossed the deadline but also moved to two-track litigation. One track is intended for settlement, and the other is aimed for litigation, featuring the trial scheduled to begin next month.

Peter Weinberger, a lead lawyer for the plaintiffs in the upcoming trial, believes the motion is an attempt by the opioid defendants to delay the trial. Also, Howard Erichson, a Fordham law professor who is an expert in complex litigation and legal ethics, said that the move could be to push the federal judge to rule more favorably for defendants during the trial.

Meanwhile, on Sunday, OxyContin maker Purdue Pharma LP filed for Chapter 11 bankruptcy protection, failing to resist the pressure from more than 2,600 lawsuits that allege the company fueled the opioid epidemic.

U.S. District Judge Dan Polster is presiding over more than 1,900 opioid lawsuits consolidated under MDL No. 2804 (In Re: National Prescription Opiate Litigation).

Earlier, Purdue Pharma's multibillion-dollar settlement deal over the claims that the drugmaker illegally marketed opioid painkillers was agreed by twenty-three states and three territories.

OxyContin maker and its owners, the Sackler family would pay  $3 billion and file for bankruptcy, cede itself over to a trust controlled by the states, cities, and counties that have sued and sell its U.K.-based drugmaker Mundipharma as per the current proposal. The settlement value is between $10 billion and $12 billion which depends on future sales of the painkiller and the development of drugs to treat opioid addiction.

The company is looking forward to reaching a comprehensive resolution that would deliver billions of dollars and vital opioid overdose rescue medicines to communities across the country. Currently, the company faces around 2,500 lawsuits brought by every state as well as cities, counties and Native American tribes. It will even negotiate separately with the U.S. Justice Department to resolve criminal and civil probes.

Many large states have opposed Purdue Pharma's agreement of filing for bankruptcy. The company's lawyers proposed the deal on August 20 in Cleveland. 10 state attorneys and the plaintiff's attorneys were present at the meeting when the deal was announced. Purdue is one of the major drugmakers that fuelled the opioid epidemic in the United States. As per the U.S. Centers for Disease Control and Prevention 400,000 people died between 1999 to 2017 due to the epidemic.