OC Judge Rejects Claims Linking Pharmaceutical Companies to Opioid Crisis

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SANTA ANA, Calif.—An Orange County Superior Court justice Nov. 1 tentatively ruled that pharmaceutical companies were not to blasted for the opioid crisis, arsenic claimed by prosecutors successful Orange and Santa Clara counties arsenic good arsenic Los Angeles and Oakland.

Orange County Superior Court Judge Peter Wilson concluded that prosecutors failed to supply capable grounds linking the pharmaceutical companies to the situation that would magnitude to a nationalist nuisance claim.

“In summary, plaintiffs contend that each suspect engaged successful an assertive mendacious and/or misleading selling strategy designed to increase, and which succeeded successful increasing, the penning of prescriptions for defendants’ opioid medications, and that the accrued prescriptions person caused oregon contributed to the opioid situation … being experienced successful California,” Wilson wrote.

The prosecutors alleged the opioid situation is simply a nationalist nuisance and that mendacious and/or misleading selling caused it.

Wilson besides recovered that “even if immoderate of the selling which caused an summation successful the number, dose oregon duration of opioid prescriptions did see mendacious oregon misleading marketing, immoderate adverse downstream consequences flowing from medically due prescriptions cannot represent an actionable nationalist nuisance.

“That is truthful because, arsenic the national authorities and the California Legislature person already determined, and arsenic this tribunal finds, the societal inferior of medically due prescriptions outweighs the gravity of the harm inflicted by them and truthful is not ‘unreasonable’ or, truthful enjoyable.”

The defendants see Johnson & Johnson, Janssen, Endo Pharmaceuticals Inc., Allergan, Cephalon Inc., Teva Pharmaceuticals USA, Actavis, and Watson Laboratories, among others associated with those companies.

The proceedings began successful April and was conducted wholly connected Zoom with weeks of grounds and 2 days of closing arguments.

The archetypal suit was filed May 21, 2014, but the sixth amended ailment that was ruled connected was filed June 8, 2018.

Wilson said it was not successful quality by anyone progressive successful the litigation that determination is an opioid crisis.

“Drug abuse, including opioid abuse, affects not lone the individuals straight involved, but their household and friends, doctors and different aesculapian attraction providers, exigency rooms, instrumentality enforcement, and so each those impacted astatine each measurement of the drug-abuse cycle,” Wilson wrote.

“Opioid-related hospitalization rates and opioid-related deaths starkly show the enormity of the ongoing problem.”

However, Wilson added the pharmaceutical companies disputed whether the prosecutors had “proven that the opioid situation constitutes an actionable nationalist nuisance for which defendants, oregon immoderate of them, are legally liable.”

Wilson emphasized that his ruling should not beryllium seen arsenic an effort to “minimize the beingness and grade of the ongoing opioid crisis.”

City News Service


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