Consumer products giant Johnson & Johnson has gone on trial in Oklahoma over its contribution to the state's opioid crisis. The case could set a precedent for thousands of other US lawsuits against drug manufacturers.
Image: picture-alliance/imageBROKER/C. Ohde
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A multibillion-dollar lawsuit against Johnson & Johnson, one of the largest drug manufacturers in the world, went to trial on Tuesday in the central US state of Oklahoma.
It is the first state trial against drug makers blamed for contributing to an opioid addiction epidemic in the United States, which has killed tens of thousands of Americans.
The trial could bring to light documents and testimony that show what companies knew about the effects of opioids, when they knew it and how they responded.
The case could become a precedent for the roughly 1,500 other opioid lawsuits filed by state, local and tribal governments, cases that have been consolidated before a federal judge in Ohio.
Oklahoma Attorney General Mike Hunter during opening arguments on TuesdayImage: picture-alliance/AP/S. Ogrocki
'Time to hold them responsible'
In opening statements, Oklahoma Attorney General Mike Hunter said powerful painkillers have led to the "worst man-made health crisis" in US history. The state accused Johnson & Johnson of being motivated by greed in embarking on "a cynical, deceitful multimillion-dollar brainwashing campaign" to sell opioids as a "magic drug."
"It's time to hold them responsible for their actions," Hunter told the presiding judge, who will decide the case rather than a jury. "The crisis is devastating Oklahoma."
Hunter said that opioid overdoses killed 4,653 people in the state from 2007 to 2017.
Johnson & Johnson has denied the charges, as has its subsidiary Janssen Pharmaceutical.
Larry Ottaway, the lead attorney for Janssen Pharmaceuticals, pointed to the fact that federal and state agencies approved and monitored its painkillers Nucynta and Duragesic. He also said that doctors and pharmacists had long been familiar with its opioid medications and their addictive qualities.
"Both pharmacists and physicians have an independent responsibility to prescribe and monitor these drugs," Ottaway said.
"[Janssen] provided medically necessary medications for the treatment of terrible, terrible problems. Those treatments were approved and regulated by the FDA (US Food & Drug Administration)."
He added that Duragesic, a pain patch containing the opioid fentanyl, represented only a tiny fraction of the opioid market and was not widely abused or sold on the street like other drugs.
"It has low rates of addiction and low rates of diversion," Ottaway said of Duragesic. "When you hear about pill mills, you don't hear about patches."
Two other drug companies named in the lawsuit, Purdue Pharma and Teva, settled before the case went to trial. Teva, an Israeli pharmaceutical giant, settled for $85 million, while Purdue Pharma, maker of the opioid painkiller OxyContin, reached a $270 million settlement with the state in March.
On the front line of the opioid epidemic in the US
Cheryl, a 71-year-old woman from Phoenix, has adopted her 3-year-old great-grandniece Jessie, who was an addict before she was even born, suffering from drug withdrawal symptoms at birth. Eline van Nes reports.
Image: Reuters/B. Snyder
Going out for the day
While Jessie sits in her car seat, Cheryl takes out the baby stroller to be able to push Jessie around through the shopping mall. Cheryl doesn't take Jessie to the mall often because it's tiring to go on these trips. She prefers staying at home, or they go to the nearby playground. They often visit Jessie's biological sister who lives two doors down.
Image: DW/E. Van Nes
Catching her breath
Raising a 3-year-old as a 71-year-old is a lot to ask for. The number of grandparents taking care of their grandchildren in the US because their parents are addicted to drugs, specifically opioids, is increasing. According to recent studies, around 12 percent of children in Arizona live with relatives, almost 9 percent of those live with their grandparents.
Image: DW/E. Van Nes
Sitting on a bunch of admin
On July 9, the Supporting Grandparents Raising Grandchildren Act was signed into law. It's designed for grandparents who need information and assistance on issues in dealing with legal custody, available social services, and mental health counseling. One problem, however, is that relatives who take care of a child don't get the same amount of financial support that foster care families do.
Image: DW/E. Van Nes
A little joy goes a long way
Jessie was apprehensive about riding the merry-go-round for the first time. When Cheryl was buying the tickets, the vendor asked about Jessie. Cheryl said that Jessie was her own daughter. She thinks Jessie's biological mother is still alive, but doesn't know where she is or if she's in rehab. "The last time she was seen was in the fall of last year. Rumor has it that she was in Mesa."
Image: DW/E. Van Nes
Finding a way to make it work
Cheryl knows that because of her age she probably won't be around when Jessie grows up. She has some physical problems and Jessie does wear her out, but she doesn't see a problem there. She believes it's important Jessie is around family and not in the care of strangers. Her son will take care of Jessie after Cheryl's gone.
Image: DW/E. Van Nes
Sunday school
Every Sunday, Cheryl and Jessie go to a Presbyterian church. Jessie is too young to attend the sermon so she goes to Sunday school. After the sermon, Cheryl and Jessie join other families for snacks in a large auditorium. The church has always been supportive of Cheryl. She has lost three husbands and a son due to a drug overdose. Cheryl believes taking care of Jessie is her last calling.
Image: DW/E. Van Nes
Pushing Mommy around
Cheryl has permanent damage to her back and also suffers from arthritis in her hands and sciatica in both legs. She wears a back brace to help relieve the pain. To be able to cope with the pain, she takes painkillers and other medicines. She can't do without — especially with a young toddler pushing her around.
Image: DW/E. Van Nes
It's my party
It's Jessie's third birthday. Only a few guests have been invited, so that it doesn't get too busy for Jessie. Jessie's mother had two other children: Jessie's older sister, who's in the care of Cheryl's brother and his wife. But they couldn't handle more than that. Jessie's little brother has been adopted by a foster family.
Image: DW/E. Van Nes
Taking it easy
Just before Jessie's mother went into labor, she had another hit of methamphetamine. After Jessie was born she was crying and screaming and twitching — typical withdrawal signs. Since then, Jessie has had to cope with a raft of health problems as a result of the drug abuse during pregnancy. Doctors are still monitoring her to see if there is any permanent damage.
