California judge rules for drug firms in opioid lawsuit
November 2, 2021
Handing the win to pharmaceutical companies, the judge said the plaintiffs hadn't proven that deceptive marketing by the firms led to a rise in unnecessary opioid prescriptions.
In this file photo, family and friends who have lost loved ones to OxyContin and opioid overdoses leave protest messages written on pill bottlesImage: picture-alliance/AP Photo/J. Hill
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A California judge on Monday ruled that pharmaceutical companies were not liable for the opioid abuse crisis in the western US state.
States and local governments across the US filed more than 3,300 lawsuits against drug makers over the opioid crisis. Monday's ruling was the first win for drug companies in such cases.
Johnson & Johnson (J&J) and the three US major drug distributors — McKesson Corp, Cardinal Health Inc and Amersource Bergen — are currently working on finalizing a deal to pay up to $26 billion (€22.4 billion) to settle the thousands of cases against them nationwide.
California's Santa Clara, Los Angeles and Orange counties and the city of Oakland allege that deceptive marketing from the companies created a public nuisance, calling for them to pay over $50 billion, in addition to penalties.
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.
Image: DW/E. Van Nes
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What did the judge say?
Orange County Superior Court Judge Peter Wilson issued a tentative ruling that said the counties hadn't proven that the drug companies used deceptive marketing to increase unnecessary opioid prescriptions.
"There is simply no evidence to show that the rise in prescriptions was not the result of the medically appropriate provision of pain medications to patients in need," Wilson wrote in a ruling of more than 40 pages.
"Any adverse downstream consequences flowing from medically appropriate prescriptions cannot constitute an actionable public nuisance,'' Monday's ruling said.
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What were the arguments?
The counties had argued that the companies' advertising downplayed opioids' addictive risks and promoted them for broader uses than intended.
In the months-long, non-jury trial, they said the pills flooded their communities and caused a rise in overdose deaths as a result of the companies' marketing.
Meanwhile, the companies argued that "opioid medications are an appropriate treatment for many chronic-pain patients," according to court filings. They also said much of their marketing mimicked approved warnings by the US Food and Drug Administration.
All sides, including the judge, have acknowledged that there is an opioid abuse crisis. Wilson said drug abuse hospitalizations and overdose deaths "starkly demonstrate the enormity of the ongoing problem."
J&J said in a statement that the "crisis is a tremendously complex public health issue," but the ruling showed it engaged in "appropriate and responsible'' marketing of its prescription painkillers.
Teva said it was pleased with the ruling but "a clear win for the many patients in the US who suffer from opioid addiction will only come when comprehensive settlements are finalized and resources are made available to all who need them."
