By Jeanne Whalen and Sara Randazzo
This article is being republished as part of our daily
reproduction of WSJ.com articles that also appeared in the U.S.
print edition of The Wall Street Journal (January 12, 2018).
Ohio has begun settlement talks with opioid-painkiller makers it
has sued alleging illegal marketing, and will meet with a federal
judge urging settlement of hundreds of similar suits, in early
steps toward resolution of the sprawling litigation.
Ohio Attorney General Mike DeWine said his staff held separate
meetings with Johnson & Johnson and Teva Pharmaceutical
Industries Ltd. Wednesday. He described the meetings as "settlement
discussions."
"We outlined with them where we feel Ohio needs help -- in
prevention, education and treatment, as well as the huge problem
we're having with our foster-care system because so many of the
parents are addicted," Mr. DeWine said.
Teva said in a statement, "We appreciate the opportunity to meet
with representatives of the Ohio AG's office to discuss this
important public health issue."
Johnson & Johnson said: "While we consider the specifics of
our discussions with state attorneys general to be confidential, we
continue to maintain that allegations made in lawsuits against our
company are baseless and unsubstantiated." It added: "At the same
time we recognize that opioid abuse and addiction are serious
public health issues that must be addressed...we look forward to
being a part of the ongoing dialogue."
Mr. DeWine said Ohio also hopes to begin settlement talks with
two other defendants in its suit -- Allergan PLC and Endo
International PLC -- but hasn't yet scheduled meetings. Defendant
Purdue Pharma L.P. has made it clear it isn't willing to meet, he
said. Allergan and Endo didn't immediately respond to requests for
comment.
Purdue referred to a letter it sent Mr. DeWine late last year in
which it said it was working with a bipartisan group of attorneys
general investigating the crisis. Purdue's letter urged Ohio to
join those discussions rather than pursue its own lawsuit.
Ohio was one of the first states to sue opioid-painkiller
makers, alleging they fueled the opioid-addiction crisis by
misrepresenting the benefits and addictive risks of their
painkillers. The companies have denied the allegations and said
they are committed to the safe and medically appropriate use of the
drugs.
More than a dozen states, and more than 250 counties and cities,
have filed lawsuits similar to Ohio's, alleging that various
opioid-painkiller makers and distributors helped create a crisis of
opioid addiction by improperly marketing or distributing the
drugs.
Mr. DeWine said that on Wednesday U.S. District Judge Dan
Polster, who is overseeing more than 200 of the opioid cases filed
in federal court, invited him to attend a meeting with the parties
involved in federal court. Mr. DeWine said he will attend the
meeting scheduled for Jan. 31 in Cleveland.
Judge Polster is overseeing cases mostly filed by cities and
counties. States, by contrast, have filed their lawsuits in state
court.
Judge Polster confirmed Thursday that he contacted Mr. DeWine as
well as some state attorneys general involved in the bipartisan
investigation. He said he invited both camps to send
representatives to the Jan. 31 meeting.
"If there's a way to settle this without years of spending time
in litigation, that should take place now," Mr. DeWine said.
"There's also the argument that you need a global settlement, which
is why I think he's reaching out to the states."
Earlier this week, Judge Polster had urged the parties in
federal court to reach a swift resolution of the litigation.
Judge Polster's assistant said Thursday the judge wouldn't
comment on Mr. DeWine's remarks but that he would be issuing an
order in the next week with more information.
James Boffetti, a senior assistant attorney general in New
Hampshire working on that state's opioid suit, said Thursday he
hadn't yet heard directly from Judge Polster but that if settlement
talks are being proposed, he would take a careful look. "Most of us
realize that every day a couple hundred people are dying of opioid
abuse," he said. "It's a crisis that needs to be addressed."
New Hampshire's lawsuit, filed against Purdue in August, has
been stalled by fights over whether the suit should be heard in
state or federal court.
Judge Polster had indicated in court Tuesday that his settlement
vision could also include parties not in his courtroom, like state
attorneys general.
"I can pick up the phone and call any state attorney general I
want and invite him or them to be involved, and I'm sure they
will," the judge said. "They've got the same interests."
During Tuesday's hearing, Judge Polster noted that his powers as
a federal judge have limits, and that he "can't order a state judge
to do anything."
Already, a state court judge in Oklahoma has set a May 2019
trial date in a lawsuit filed last June by Oklahoma Attorney
General Mike Hunter against opioid manufacturers.
Mr. Hunter said in a statement Thursday he appreciated the
urgency the judge showed in "getting the case to trial."
Write to Jeanne Whalen at jeanne.whalen@wsj.com and Sara
Randazzo at sara.randazzo@wsj.com
(END) Dow Jones Newswires
January 12, 2018 02:47 ET (07:47 GMT)
Copyright (c) 2018 Dow Jones & Company, Inc.
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