West Virginia
$99 million opioid settlement announced for West Virginia
PARKERSBURG — West Virginia has settled for $99 million with considered one of three drug makers on trial in Charleston in a civil case claiming they misrepresented the dangers with opioid medicines, the lawyer common introduced on Monday.
The settlement with Johnson and Johnson and its subsidiary Janssen Prescription drugs Cos. was introduced on the resumption of trial Monday morning by Legal professional Common Patrick Morrisey. Trial began April 4 in Kanawha County Circuit Courtroom on a lawsuit by Morrisey claiming Janssen Prescription drugs, a subsidiary of Johnson & Johnson, Teva Prescription drugs and Allergan didn’t disclose the dangers and advantages of opioids and contributed partially to the disaster.
“We’re happy with the settlement,” Morrisey stated at a press convention Monday morning.
Johnson and Johnson issued a press release Monday morning saying the settlement resolves the opioid claims towards it, however just isn’t an admission of wrongdoing.
The settlement removes the corporate from the trial, Johnson and Johnson stated. The case continues towards Teva and Allergan.
“The $99 million settlement will instantly help local people efforts to hunt significant progress in addressing the opioid disaster in West Virginia.,” Johnson and Johnson stated within the assertion. “This settlement just isn’t an admission of legal responsibility or wrongdoing and marks continued progress in resolving opioid-related claims and litigation by states, cities, counties, and different subdivisions in the US. The corporate will proceed to defend towards any litigation that the ultimate settlement doesn’t resolve.”
Johnson and Johnson additionally stated its “advertising and marketing and promotion of necessary prescription opioid medicines had been acceptable and accountable.”
DURAGESIC, NUCYNTA and NUCYNTA ER accounted for lower than 1 % of complete opioid prescriptions in West Virginia and the U.S. since launch, the corporate stated. Johnson and Johnson additionally now not sells prescription opioid medicines in the US “as a part of its ongoing efforts to deal with transformational innovation and serving unmet affected person wants,” the corporate stated.
Morrisey has opposed the nationwide per capita-based distribution of settlement funds. It ought to as a substitute be primarily based on severity and never on inhabitants, he stated.
The settlement with Johnson and Johnson will rank West Virginia first within the quantity of per capita allocation, Morrisey stated.
The state will obtain a lump-sum fee 45 days after approval by the political subdivisions, which might be allotted by means of the West Virginia First Memorandum of Understanding accredited in February, Morrisey stated. Many of the cities and counties in West Virginia have accredited the memorandum, he stated.
In accordance with the allocation components, 3 % will go right into a belief fund held by the state, 24.5 % to cities and counties and 72.5 % to the West Virginia First Basis for opioid response, Morrisey stated.
The state is ready to proceed with the trial towards Teva and Allergan, Morrisey stated.
“We consider now we have a really robust case towards Teva and Allergan,” he stated.