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Torts Keyed to Twerski
State ex rel. Hunter v. Johnson & Johnson
Citation:
2021 WL 5191372, 499 P.3d 719 (2021)Facts
Since the mid-1990s, Johnson & Johnson manufactured and marketed FDA-approved prescription opioids in Oklahoma, including Duragesic (fentanyl patch) and Nucynta (tapentadol tablets). The State presented evidence that J&J used marketing that promoted the concept that physicians were undertreating pain, and argued J&J overstated benefits while downplaying dangers of opioids to increase profits. J&J ceased actively promoting its Schedule II products by 2015 and no longer promotes any prescription opioids. Evidence showed J&J sold only 3% of all prescription opioids in Oklahoma. The district court held J&J responsible for abating harms caused by all opioids, not just those manufactured by J&J, and ordered payment of $465 million to fund government programs addressing opioid abuse. The court did not consider J&J’s market share or grant set-offs for the State’s settlements with other manufacturers.
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