Judge Garguilo's Ruling Alarms Opioid Manufacturers

Judge Garguilo's Ruling Alarms Opioid Manufacturers

Introduction

New York Judge Garguilo recently announced none of the claims against the opioid manufacturers would be dismissed, indicating that each of the plaintiffs' cases was adequate. The defendants named in the litigation are Purdue Pharma and Johnson & Johnson and many others. Judge Garguilo stated the statute of limitation still applied to the cases, limiting the recovery of damages to three years prior to the filing of the lawsuit.

Lawsuits filed against the prescription opioid manufacturers claim that the manufacturers tried to downplay the risks of opioid addiction and considered profit over public safety. A common argument by the drug makers is that the state law is preempted by federal Food and Drug Agency regulations, so they should not be made liable to resolve damages incurred at a more local level.

More than 600 lawsuits have been filed at the state, city, and county-level. A multidistrict litigation (MDL No. 2804; In Re: National Prescription Opiate Litigation) was formed on December 5, 2017, in the Northern District of Ohio presided over by Judge Dan A. Polster.