Purdue Pharma LP, Johnson & Johnson and other opioid producers have faced public annoyance with the sale of painkillers, as they have compared one of the first comprehensive assessments of their legal defense claims to violate consumer protection laws. They lost.
On Monday, the New York state court Judge Jerry Garguilo rejected the claims of pharmaceutical companies for filing lawsuits in eight counties, on the grounds that his lawyers could proceed with his claims.
Garguilo, in a 36-page resolution, wrote: “It is at least arguable that the defendants in the production are in a position to predict or prevent the alleged injuries. For this reason, it does not seem fair to hold them potentially responsible. “
Although the ruling is based solely on New York law, states and local governments Purdue and other opioid producers can provide a roadmap for other judges in the US to weigh the risks of prescription opioids and whether their benefits can continue with exaggerated claims.
A Purdue spokesman, Robert Josephson, immediately sent a call and e-mail on Tuesday to comment on Garguilo’s decision. J & J spokesman Andrew Wheatley did not respond immediately to an e-mail.
“This is a highly controversial justice, with careful reasoning, because it rejects every argument you make in any case nationwide, with a national prescriptive and opioid producers everywhere,” Paul Hanly, a New York-based lawyer for the counties, .
The Cleveland Federal judge oversaw the consolidation of cases filed by the United States and the laws seeking to cover the costs associated with opioid addiction and overdose as part of a similar solution to the 1998 Great Tobacco deal.
This judge said companies wanted an agreement that deals with business practices and the roots of the crisis. The producers are also working on these cases.
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Purdue and other producer and opioid dispensers, McKesson Corp. They are holding separate negotiations with general government lawyers seeking to resolve opioid cases, including According to Bloomberg News last month, companies are getting ready to court in lieu of paying billions of dollars in court.
– In New York case, Long Island-based Garguilo opioid dispensers are defective as a consequence of the main defense and they provide any basis for coming to ignore the suit – he bars lawsuits against state-of-the-state times against them by the approval of US Food and Drug Administration of their products.
The FDA’s decision to approve the safety of synthetic painkillers does not mean that states can not “try to protect their inhabitants from the illegal actions of these drugs.”
Companies have also tried to convince Garguilo that regulations by government agencies of deceptive marketing claims have been made by FDA regulations in advance of determining what producers can say to doctors about products. The judge rejected it and stated that the FDA did not regulate marketing materials.
Hanly added that Garguilo’s decision only applies to opioid producers. The judge said drug distributors plan to make a separate decision to dismiss claims from the courts.
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