In the midst of the U.S. opioid crisis, prescription opioid manufacturers are being hit with a growing pile of litigation. In a move that will affect much of this litigation, a New York judge has refused to dismiss any of the claims made against the prescription opioid manufacturers in a recent lawsuit. According to the judge, each of the plaintiffs’ pleas was adequate.

Prescription opioid manufacturers named in the lawsuit include Purdue Pharma and Johnson & Johnson, among others.

According to the lawsuit, the opioid industry and the prescription opioid manufacturers within it had used “assiduously crafted, multi-pronged marketing strategies that targeted the general public” in an attempt to downplay the risk of opioid addiction, placing company profit over public safety.

The prescription opioid manufacturers involved attempted to argue that state law is preempted by federal Food and Drug Agency regulations and that they should therefore not be forced to pay damages incurred at a more local level by prescribing physicians and pharmacists. This is a common argument for prescription opioid manufacturers included in motions to dismiss for hundreds of lawsuits. New York Judge Garguilo’s ruling may affect these other lawsuits as well, providing a path forward.

Judge Garguilo did rule, however, that the statute of limitations likely applies to these claims, so plaintiffs may only be able to recover damages incurred during the three years prior to the suit.

“It is at least arguable that the manufacturer defendants were in a position to anticipate or prevent” opioid abuse and addiction, the judge noted in his 36-page ruling. “It does not seem unfair, therefore, to hold them potentially accountable.”

Background of the Opioid Epidemic

Opioids are prescribed to treat pain, but they are also extremely addictive because they produce a sense of euphoria. They work by reducing the number of pain signals that the body sends to the brain. Though opioids are often advertised as being safe and effective painkillers, they are actually in the same class of drugs as heroin. Unfortunately, these drugs can become extremely addictive, extremely quickly.

The opioid epidemic is growing more and more widespread. The U.S. Centers for Disease Control and Prevention (CDC) reports more than 42,000 overdose deaths from opioids in 2016 alone. According to the CDC, prescription opioid deaths have quadrupled since just 1999, a statistic that is tied closely with the increase in sales during that time. Indeed, around 183,000 people have died from opioid overdoses between 1999 and 2015.

Addiction to opioids isn’t necessarily something that happens from misuse of these drugs—even taking opioids at the direction of one’s doctor can quickly lead to addiction. Opioid abuse can lead to a number of injuries, the most obvious of which is opioid addiction. Other problems include serotonin syndrome, androgen deficiency, adrenal insufficiency, overdose, and even death.

Filing a Lawsuit Against Prescription Opioid Manufacturers

Lawsuits against prescription opioid manufacturers over opioid addiction have been filed from all over the country, including in Ohio, New Hampshire, New York, Chicago, Oregon, California, Arkansas, and Minnesota. A slew of different opioids and their respective manufacturers and distributors are involved in these lawsuits.

If you or someone you love has suffered from opioid addiction because of a painkiller prescribed by your doctor, you may be able to join the growing number of opioid epidemic lawsuits. While an opioid addiction lawsuit cannot take away the pain and suffering caused by opioid addiction and overdose, it can help to alleviate some of the accompanying financial burden.

In general, opioid overdose death lawsuits are filed individually by each plaintiff and are not class actions.

If your loved died from an opioid overdose in the last three years from an addiction that began as a legal opioid prescription from his or her doctor, you may have a legal claim. Get help now by filling out the form on this page for a FREE case evaluation.

Learn More