Johnson & Johnson is responsible for fueling Oklahoma's opioid crisis, judge rules in landmark case
Source: Washington Post
NORMAN, Okla. A judge Monday found Johnson & Johnson responsible for fueling Oklahomas opioid crisis, ordering the health care company to pay $572.1 million to redress the devastating consequences suffered by the state and its residents. Cleveland County District Judge Thad Balkmans landmark decision is the first to hold a drugmaker culpable for the fallout of years of liberal opioid dispensing that began in the late 199os, sparking a nationwide epidemic of overdose deaths and addiction. More than 400,000 people have died of overdoses from painkillers, heroin and illegal fentanyl since 1999.Balkman, who read part of his decision aloud in his courtroom Monday afternoon, said the opioid crisis has ravaged the state of Oklahoma and must be abated immediately.
With more than 40 states lined up to pursue similar claims against the pharmaceutical industry, the ruling in the first state case to go to trial could influence both sides strategies in the months and years to come. Its impact on an enormous federal lawsuit brought by nearly 2,000 cities, counties, Native American tribes and others, which is scheduled to begin in October, is less certain.
Oklahoma Attorney General Mike Hunter (R) sued three major drug companies in 2017, accusing them of creating a public nuisance by showering the state with opioids, while downplaying the drugs addictive potential and persuading physicians to use them even for minor aches and pains. Before the late 1990s, physicians reserved the powerful drugs primarily for cancer and post-surgical pain and end-of-life care. More than 6,000 Oklahomans have died of painkiller overdoses since 2000, the state charged in court papers, as the number of opioid prescriptions dispensed by pharmacies reached 479 every hour in 2017.
Oklahoma settled with Purdue Pharma, manufacturer of OxyContin, in March, accepting $270 million from the company and its owners, the Sackler family. Most of that will go to a treatment and research center at Oklahoma State University, although the federal government is seeking a portion of the money. In May, two days before the trial began, the state settled with Teva Pharmaceuticals, an Israeli-based manufacturer of generic drugs, for $85 million.
Read more: https://www.washingtonpost.com/health/johnson-and-johnson-is-responsible-for-fueling-oklahomas-opioid-crisis-judge-rules-in-landmark-case/2019/08/26/ed7bc6dc-c7fe-11e9-a4f3-c081a126de70_story.html
Original article -
August 26 at 4:04 PM
Judge Thad Balkman ordered the health-care company to help pay for the drastic consequences the state and its residents have suffered. The decision is the first to hold a drug company culpable for the fallout from years of liberal opioid dispensing, sparking a nationwide epidemic of overdose deaths and addiction.
This is a developing story. It will be updated.
https://www.washingtonpost.com/news/national/wp/2019/08/26/johnson-johnson-is-responsible-for-fueling-oklahomas-opioid-crisis-judge-rules-in-landmark-case/
riverine
(516 posts)JNJ jumping on the news.
This was a "public nuisance" civil case, fwiw.
BumRushDaShow
(128,699 posts)per my update to the article! I expect that is how it really exploded out into the underground marketplace.
Volaris
(10,269 posts)If were gonna consider money as compensation for suffering, then the amounts of cash should fit the suffering. The fines exacted at the moment, are not enough to act as a deterrent.
In my opinion, if a company is found culpable in a case like this, the damage to that companies existence in monetary terms should be real enough to scare them into not doing it again.
This is a good start as far as a court decision is concerned, but not enough in terms of payment exacted. Not even CLOSE.
TygrBright
(20,755 posts)redstatebluegirl
(12,265 posts)Thad Balkman is a conservative nutcase. He was our state representative for a while, he was a little bit right of Attila the hun.
Tess49
(1,579 posts)for weeks. Thank you Judge Balkman!
mcar
(42,287 posts)Sherman A1
(38,958 posts)I hope that their lives are filled with lawyers.
RobinA
(9,886 posts)should stop selling opioid pain killers?
Sherman A1
(38,958 posts)perhaps they could provide them in a responsible manner rather than the methods that appear to have put J&J into the courtroom?
But, I'm just guessin' here.....
RobinA
(9,886 posts)doesnt provide opioids to consumers directly, if Im them I say the liability is too steep and uncontrollable, lets get out of the business. I hope that doesnt happen, but it wouldnt be the first time liability chased useful drugs out of the market.
Sherman A1
(38,958 posts)My understanding is they knew that the drugs were addictive and sorta glossed over those pesky little details in their marketing.
The drugs themselves are fine if perscirbed and used within the confines of full disclosure to both the doctors and the patients of the potential down side. Anything less than seems to be more than sufficient reason for legal action by individuals who are suffering, states, counties and local communities who are bearing the costs of this epidemic.
Seems to me to be another case of Privatized Profits and Socialized Cost Burden.
RobinA
(9,886 posts)is the deep pocket in this case. Opiates are addictive. Who knew. Nope, doesnt cut it in my book.
Plus, the real problem with a large percentage of the deaths is Fentanyl.
Sherman A1
(38,958 posts)Party?
Yes, they may be the deep pockets as it appears that they made a boatload of money selling products that again from my understanding they marketed as non-addictive when they knew better.
Again Private Profits, Socialized Burden when things go off the rails.
RobinA
(9,886 posts)marketed as nonaddictive, which is not the way I remember it, pharma does have some culpability. However, my remembrance is that they were marketed as LESS addictive when taken as directed due to their time-release properties. I am generally not in favor of holding companies responsible for injuries incurred through misuse of their product.
The reason drugs are prescription is so that their use requires some educated intermediary (in this case they are called doctors) to make sure drugs that could be dangerous are kept tabs on when given to non-medically educated consumers. Any prescriber who believes that a drug that targets opiate receptors would not be addictive needs to have not only his/her license revoked but their diploma as well.
bucolic_frolic
(43,111 posts)They're not lobbying hard cash enough.
Paladin
(28,246 posts)"But...but...but, Johnson & Johnson didn't make those addicts take their products improperly---the addicts themselves are to blame!"
"What about the vast majority of citizens who use Johnson & Johnson's products in a lawful fashion? "
Yeah, the NRA could definitely teach the pharmaceutical industry a thing or two. Glad it didn't happen, of course. Johnson & Johnson, et al, are getting off easy for the damage they did.
mysteryowl
(7,370 posts)Now, the rest will be able to follow suite easier.
BigmanPigman
(51,582 posts)Isn't that company also responsible for talcum powder causing cancer in some women?
BumRushDaShow
(128,699 posts)plus they are still getting over their Tylenol debacle (via McNeil).
So troubles from both their consumer products and prescription drug products.
BigmanPigman
(51,582 posts)and overall profits. It should be! Reminds me of that Roundup weed killer causing cancer. I don't know how hard they were hit and if had damaged their profits as well as their reputation. J&J has such a wholesome image this should hurt them but probably won't.
BumRushDaShow
(128,699 posts)with continuing problems over the past 30+ years. I think because they are so large, have been around so long, and are "diversified", they have been able to wait out each crises long enough to "recover" (with consent decrees and settlements going on behind the scenes like mad).
BigmanPigman
(51,582 posts)I wish that is the reputation that they are going to be saddled with in the future. Greedy bastards!
BumRushDaShow
(128,699 posts)BigmanPigman
(51,582 posts)Apparently their shareholders expected to hear a lot worse news and this was GOOD in their opinions. The shareholders expected to be fined billions and billions Rachel Maddow just reported. Unbelievable, capitalism at its finest, I suppose.
IronLionZion
(45,403 posts)They're one of the world's largest companies and sell many consumer staples that won't lose sales if their brand is temporarily tarnished by their role in the opioid crisis. People buy and use their products without even knowing who makes it.
BumRushDaShow
(128,699 posts)For example, McNeil is located not far from me. Before they re-did Rt. 309 with sound barriers, etc, you could see the McNeil facility from that highway just before you get to the PA Turnpike. With the consent decree, they eventually had to rip it all out and rebuild the entire lab. They also had to re-do the Puerto Rico plant, which is where most of their OTC products are made.
RainCaster
(10,853 posts)Yes, there are lawyers involved now...
BigmanPigman
(51,582 posts)These big buck companies have been getting away with murder. Money won't bring his wife back but it sure would help to take care of bills and it will make others aware of this hidden problem. Hopefully lives will be saved in the future.
RainCaster
(10,853 posts)But you're right - this will help avoid the next problem of this kind.
RobinA
(9,886 posts)Be careful what you wish for.
PatrickforO
(14,566 posts)Johnson & Johnson's net profit in 2018 was $15.3 billion.
This fine represents about 3.7% of their net profit for one year.
So...sounds big, but if your child got strung out on opioids and is locked now in a lifelong struggle with addiction, that isn't really that much, is it?
TDale313
(7,820 posts)A small state at that. Many of the other states are looking to follow. This isnt the end result. Its the start.
PatrickforO
(14,566 posts)These big pharma execs did all this because they could, and they joked about it.
Hekate
(90,616 posts)lunasun
(21,646 posts)colorado_ufo
(5,731 posts)They talk about being the health care people, the people who cared for your babies, etc. and now do even more for you!
Their products all contain cheap ingredients and are sold mostly on fragrance, "that baby smell." The baby powder contained (and may still contain) talc, which has been linked to ovarian cancer in women. How many little girl baby bottoms were dusted freely with that carcinogenic crap? How many parents breathed it in?
Fragrance and brand recognition. The power of advertising.
mr_lebowski
(33,643 posts)mr_lebowski
(33,643 posts)with any measurable amount of opioids in their systems in the last 20 years. Any amount goes on the books as 'opioid-related', even if you downed a 1/5 and took a couple xanax bars along w/a bit of opioids.
People who take them as Rx'd (and don't mix them with alcohol or depressants like xanax, against doctors orders) actually almost never OD. And while they'll develop a physical dependence (like SO MANY drugs produce), addiction is a disease of a mind, it's not 'caused' by chemicals.
And Fentanyl and Heroin have caused most of the the deaths in the past 10 years. And why do people OD on those? Cause they don't know the strength of what they're shoving into their vein. Cause they're illegal and made/distributed by criminals who don't GAF or in the case of fentanyl even have the lab-level tools necessary to measure micrograms of drugs.
Not saying these drug companies didn't misbehave, but the federal government screwed up as well ... they basically changed federal guidelines in the late 1990's saying that doctors HAD to treat complaints of pain and authorized Rx'ing opioids under more circumstances than they had been in the past. It wasn't just the drug co's up and deciding they'd start cranking out opioids and talking docs into handing them out. Although I think it's likely the government was lobbied ... still ... it's their job to say 'no'.
And then they defanged the DEA to do anything about it ... https://www.cbsnews.com/news/the-opioid-epidemic-who-is-to-blame-60-minutes-2019-08-25/
Plenty of blame to go around ... but you know who deserves the MOST blame? People who take them for kicks. And I'm not pointing fingers, because I did exactly that for years. Nobody forced pills down my throat, in fact I went to great lengths to get them, every day.
I've never blamed the drug companies for one second for my addiction.
RobinA
(9,886 posts)for this infusion of facts and common sense.