Chapter 9 1-10

Opioid Crisis and Legal Responses

• Protest Against Purdue Pharma

  • P.A.I.N. and Truth Pharm protested outside Purdue Pharma's headquarters.

  • Protesters dropped hundreds of prescription bottles of OxyContin.

  • Held tombstones with names of opioid casualties; banners read "Shame on Sackler" and "200 Dead Each Day."

• Lawsuits Against Pharmaceutical Companies

  • Local governments are suing pharmaceutical manufacturers, distributors, and retailers due to the opioid crisis.

  • Accusations include contributing to a public health disaster causing approximately 40,000 deaths annually and resulting in significant economic costs.

  • Claims include that opioid dangers were concealed and that aggressive marketing led to overprescription.

Historical Context

• Comparison to Tobacco Litigation

  • The 1990s saw tobacco products as a significant public health issue.

  • 46 states entered a $246 billion Master Settlement Agreement to recover healthcare costs linked to tobacco use.

  • Similar attorneys from tobacco litigation are involved in opioid lawsuits.

Court Proceedings and Company Responses

• Bankruptcy and Lawsuits

  • Purdue Pharma filed for bankruptcy protection in 2019 to shield from 2,600 lawsuits.

  • Proposed settlements from some companies; however, others resist litigation.

  • Current lawsuits number over 10,000 across various drug makers.

• Key Legal Arguments in Lawsuits

  • Chicago's Complaint Against Purdue and Johnson & Johnson:

  • Claims opioid use became common due to unsafe marketing practices.

  • Asserted reliance on unsound science and misinformation about opioid safety and effectiveness.

  • Washington State's Lawsuit:

  • Alleged Purdue’s statements about OxyContin safety were false.

  • Cited knowledge of abuse risks from previous products like MS Contin.

Distributor and Retailer Liability

• Distributors Targeted in Lawsuits

  • McKesson faced lawsuits for failing to report suspicious orders, leading to drug diversion.

  • Historical non-compliance with regulations and ineffective practices highlighted in legal claims.

• Retailers' Responsibilities

  • Walgreens and CVS Lawsuits:

  • Allegations of distributing excessive opioid quantities despite evidence of abuse.

  • Walgreens faced investigations and fines regarding its distribution practices in Florida.

Current Litigation Landscape

• Settlement Outcomes

  • Purdue settled with Oklahoma for $270 million.

  • Some proposed settlements (like $18 billion) rejected by states.

  • COVID-19 has impacted timelines of ongoing cases.

Court Structure and Judicial System Overview

The Complexity of Court Systems

• Court System Components

  • Includes various actors: administrators, prosecutors, defense attorneys, judges, and probation departments.

  • Governed by rules aiming to ensure fairness but often leading to "assembly-line" justice due to constraints.

State Courts Organization

• Trial and Appellate Court Systems

  • 50 state supreme courts, which handle appeals from lower courts.

  • Courts of limited jurisdiction deal with misdemeanors and preliminary investigations for felonies.

• Specialized Courts

  • Includes family, juvenile, mental health, and drug courts designed to address specific issues within the community.

Individual Court Types

• Courts of Limited Jurisdiction:

  • Handle minor civil and criminal cases, often working with misdemeanor infractions and preliminary hearings.

• Courts of General Jurisdiction:

  • Handle serious criminal cases and civil matters with higher stakes.

  • Often have appellate review powers.

Specialized Courts Focus

• Drug Courts:

  • Developed to alleviate prison overcrowding through treatment programs for non-violent offenders.

• Mental Health Courts:

  • Aim at providing treatment for offenders with mental health issues rather than incarceration.

• Community and Domestic Violence Courts:

  • Focus on specific community needs and links with social services.

  • Aim to improve outcomes through coordinated approaches with local services.

Federal Court System

• Jurisdictional Basis:

  • Based on the U.S. Constitution (Article 3).

  • Jurisdiction includes federal laws, interstate disputes, and administrative matters.

• Structure:

  • Three-tiered hierarchy: Supreme Court, lower district courts, and appeals courts for judicial review.