COVID-19 Concerns Again Delay NY AG Opioid Trial

Introduction

On Monday, Suffolk County Supreme Court Justice Jerry Garguilo said that the New York attorney general's lawsuit over the opioid crisis, which was scheduled for March 29 will likely begin on June 8 due to the concerns related to COVID-19, which still poses a risk.

The trial initially set to begin on March 20, 2020, got delayed multiple times due to the coronavirus pandemic, which grew rapidly across NY. In the recent order, the state judge also moved a March 22 court appearance to May 3.

The May 3 court appearance is scheduled to examine all factors, conditions, reports, and to determine a realistic and responsible date to commence the preliminary voir dire process.

The lawsuit was filed by NY's attorney general, Nassau and Suffolk counties against drugmakers and distributors for fueling the opioid epidemic in the state, and the trial is expected to last for several months.

Drug manufacturers, distributors, and pharmacies, which include Johnson & Johnson, McKesson Corp., and CVS Health Corp., requested that the trial should begin on August 1 and had mentioned before the hearing that a former Centers for Disease Control and Prevention official said that there's no way to proceed in March without jeopardizing the safety.

According to the local governments, the deal is too small, is improperly labeled as inadmissible in other cases, and would improperly release McKinsey from liability for claims that local governments may wish to pursue.

Judge Garguilo directed the parties to submit briefings on whether they believed that the proposed consent order forecloses all others from bringing suit against McKinsey or a subsidiary.

Opioid addiction in Northeast Ohio became the cause of death for thousands of deaths. The death rate was due to the high use of heroin, fentanyl, and other painkillers. The lawsuits also state that the huge amount of pills dumped in the market increase the addiction to these painkillers, as people chose cheaper heroin on the streets over prescription painkillers.

A case for the opioid crisis that began in 2014 was the first in history where local government entities sued Big Pharma for causing painkiller addiction. The case brought by Oklahoma in 2019 was the first to go for trial where Johnson & Johnson was ordered to pay $572 million in an opioid lawsuit. Later, the verdict was reduced to $465 million, for which the appeal is still pending.

Federal health officials warned that opioids account for nearly 70% of all drug overdoses. 3,100 deaths were accounted for due to opioid overdoses in 2013 and the number has surpassed 36,000 by 2019.

Justice Garguilo not only mentioned safety as the reason but also noted the very recent court cutbacks of staff, which has been reduced from 60% personnel levels to 40%. He further added that the current pandemic restrictions limit a trial proceeding to two days per week and for jurors to set aside two days a week for an indefinite period of time may make it impossible to seat a panel.

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