The Core Legal Strategy Against Opioid Companies May Be Faltering
The New York Times
Two recent rulings rejected the “public nuisance” argument being used in thousands of cases against the industry, with more trials and settlement talks underway.
In 2014, as overdoses and deaths from prescription opioids were catapulting, gutting the budgets of local governments that were struggling to contain the damage, lawyers began working up a novel legal strategy to hold the pharmaceutical industry responsible.
That approach, which in the ensuing years became the foundation for more than 3,000 lawsuits, was soundly rejected this month by a California trial judge and, on Tuesday, the Oklahoma Supreme Court, two states where the first opioid trials have concluded.
Both decisions found no merit to the plaintiffs’ core argument that, under state law, the companies created a “public nuisance” by overplaying the benefits of their opioid products and downplaying risks. Together the rulings bring into sharp relief a question that has dogged these cases for years: Was this strategy, which critics say requires an unprecedented, expansive reading of public nuisance laws, the best way forward?