Drug Makers' Opioid Liability Tied to Untested Legal Theory
- Oklahoma trial could set precedent for billions in U.S. claims
- State uses nuisance law to recover crisis costs from J&J, Teva
Prescription pills are arranged for a photograph.
Photographer: Moussa81/iStockphotoThis article is for subscribers only.
Determining who foots the bill for America’s growing opioid epidemic may depend on how well the state of Oklahoma deploys a high-risk legal strategy next week against Johnson & Johnson and Teva Pharmaceutical Industries Ltd.
At least 42 states and more than 1,600 municipalities are suing makers of the addictive painkillers, demanding billions of dollars in damages and claiming illegal drug marketing created a costly public-health crisis. Oklahoma is the first to go to trial with a case relying on nuisance laws normally invoked for minor property disputes involving things such as loud noises or bright lights.