- In a landmark decision, a judge ordered Johnson & Johnson to pay $572 million to the state of Oklahoma for deceptive opioid marketing and for significantly contributing to the opioid crisis.
- This is the first legal battle a pharmaceutical company has lost in relation to the opioid crisis, though attorneys for Johnson & Johnson say they will appeal the decision with the Oklahoma Supreme Court.
- Monday’s decision could provide a precedent for future cases against companies manufacturing opioids, including a consolidated case of nearly 2,000 lawsuits that is set to be heard by a federal judge in Ohio this October.
Johnson & Johnson Loses Lawsuit
Johnson & Johnson became the first pharmaceutical company to lose a legal battle concerning accountability in relation to the opioid crisis after a judge slapped the company with a $572 million bill on Monday.
The case, part of a lawsuit filed by the state of Oklahoma, accused Johnson & Johnson of deceptive marketing that led, in part, to the opioid crisis the nation faces today. Judge Thad Balkman, who presided over the case, sided with the state in his opinion and found that Johnson & Johnson’s practices lead to higher rates of addiction and overdose.
“Those actions compromised the health and safety of thousands of Oklahomans,” Balkman said while announcing his decision in court. “Specifically, defendants caused an opioid crisis that is evidenced by increased rates of addiction, overdose deaths, and neonatal abstinence syndrome in Oklahoma.”
“[Johnson & Johnson] promoted their specific opioids using misleading marketing,” Balkman wrote in his opinion. “Among other things, they sent sales representatives in Oklahoma doctors’ offices to deliver misleading messages, they disseminated misleading pamphlets, coupons, and other printed materials for patients and doctors, and they misleadingly advertised their drugs over the internet.”
While the state had asked for $17.5 billion, Judge Balkman said the state had not provided “sufficient evidence” of costs past the first year of a 30-year plan to cover a wide range of services. That plan includes treatment for victims, emergency care, law enforcement, social services, and other addiction-related needs.
Nonetheless, in a press conference immediately following the verdict, Oklahoma Attorney General Mike Hunter called the decision a “great triumph” for the state.
“What we showed during our seven-week trial and what Judge Balkman confirmed today is what we know now for certain,” Hunter said. “Johnson & Johnson was the kingpin behind the nation’s opioid crisis.”
Meanwhile, an attorney representing Johnson & Johnson blasted the ruling and said the company will appeal the decision to the Oklahoma Supreme Court.
“Today’s decision represents a radical departure from more than a century of case law in this state,” attorney Sabrina Strong said on Monday.
The case, which began in May, had also accused Teva Pharmaceuticals and Purdue Pharma of similar practices, but the companies reached settlement agreements of $85 million and $270 million, respectively, before the trial began.
“Public Nuisance” Laws
The trial was argued under the basis of Oklahoma public nuisance laws, which has never been done against a pharmaceutical company. Generally, public nuisance laws pertain to property disputes, though the laws are broad in Oklahoma and can be applied to health-related issues, as well.
During the trial, the state argued Johnson & Johnson created a public nuisance by spreading false information to everyone from the public to doctors prescribing medicine, fueling the opioid crisis. Part of that included advertising the drugs as “safe and effective,” essentially downplaying the drugs’ addictive qualities.
It also accused Johnson & Johnson of refining a highly-addictive opioid poppy, the raw products of which were later sold to other opioid manufacturers. In fact, through this mechanism, Johnson & Johnson supplies 60 percent of the opioid ingredients used by major opioid manufacturers.
The state also pointed to a wide range of statistics, notably, contending that more than 6,000 Oklahomans have died since 2000 because of opioid-related illnesses. The state also claimed that by 2017, pharmacies were filling an average of 479 opioid prescriptions an hour.
On the defendant side, lawyers for Johnson & Johnson denied any misleading advertising. They also testified that the company shouldn’t be held liable, arguing the opioids were supplied legally and were tightly regulated by the FDA.
“No Oklahoma court has ever done what this court has done today in applying public nuisance law to any commercial activity, let alone the highly-regulated area of prescription medicines,” Strong said. “The decision violates well-established constitutional principles, including due process of law.”
Lawyers also argued that the company only directly sold a relatively small amount of opioids, amounting to about 1% of all opioids sold in the country.
What This Decision Means for Similar Cases
Because of the nature of the case, it is being hailed as a landmark decision, and many believe it could set a precedent for upcoming cases. Not only is Johnson & Johnson being held accountable for the opioid epidemic, but it was also the first pharmaceutical company to have lost in a public nuisance lawsuit.
In October, a federal judge in Cleveland, Ohio will oversee another major lawsuit, this one involving nearly 2,000 cases consolidated under one umbrella. If the plaintiffs are successful, that case could potentially pave the way for more lawsuits in 2020.
In 2017, the White House Council of Economic Advisers published an analysis attributing a cost of $504 billion to the opioid epidemic. Plaintiffs hope these lawsuits can recover those costs to pay for the destruction caused by the opioid crisis.
See what others are saying: (New York Times) (CBS News) (KOCO)
Wisconsin Police Deny Planting Evidence in Viral Video, Release Their Own Body Cam Footage
The footage police released shows that during a search, officers found a corner tear from a plastic bag inside a backseat passenger’s pocket. An officer then discarded it into the car after determining that it was empty.
Viral Video Appears To Show Officer Planting Evidence
The Caledonia Police Department in Wisconsin has responded to a viral cell phone video that appears to show an officer planting a small plastic baggie inside of a car during a traffic stop.
The now-viral footage was posted to Facebook by a man who goes by GlockBoy Savoo.
The user, who also filmed the clip, wrote in his post’s caption that the officer did this “just to get a reason to search the car” and said the cop didn’t know he was being recorded by the passenger.
Police Shut Down Accusations With Their Own Footage
After that video spread across social media, many were outraged, calling the Caledonia police dirty for seemingly planting evidence. All the outrage eventually prompted the department to announce an investigation Saturday.
Within hours, the department provided an update, claiming that officers didn’t actually plant any evidence or do anything illegal.
Police shared a lengthy summary of events, along with two body camera clips from the incident. That statement explained that the driver of the vehicle was pulled over for going 63 in a 45mph zone.
Two passengers in the backseat who were then spotted without seatbelts were asked to identify themselves and step out of the car. During a search of one passenger’s pockets, an officer pulled out “an empty corner tear” from a plastic baggie.
Police claim the corner tear did not contain any illegal substances, though they said this type of packaging is a common method for holding illegal drugs.
In one body cam clip, an officer can be heard briefly questioning the backseat passenger about the baggie. Then, that piece of plastic gets handed off to different officers who also determined it as empty before the officer in the original viral video discarded it into the back of the car.
The officer can also be seen explaining where the plastic came from to the passenger recording him.
“Aye, bro you just threw that in here!” the front seat passenger says, as heard in his version of the events.
“Yeah, cause it was in his pocket and I don’t want to hold onto it. It’s on their body cam that they took it off of him…I’m telling you where it came from, so. It’s an empty baggie at the moment too, so,” the officer replies.
The department went on to explain that while it would discourage officers from discarding items into a citizen’s car, this footage proves that evidence was not planted.
Authorities also noted that no arrests were made in this incident and the driver was the only one issued a citation for speeding. The statement added that since four officers were present at the scene, police have more than six hours of footage to review but they promised to release the footage in full in the near future.
See what others are saying: (Heavy)(CBS 58) (Milwaukee Journal Sentinel)
Medical Groups, Local Leaders Push for Healthcare Workers and Public Employees To Get Vaccinated
The move comes as COVID cases have nearly quadrupled in the last month due to the rapid spread of the highly infectious delta variant.
Increased Calls for Mandatory Vaccinations in Certain Sectors
More than 50 of America’s largest medical groups representing millions of healthcare workers issued a statement Monday calling for employers of all health and long-term care providers to require mandatory COVID-19 vaccinations.
The groups, which included the American Medical Association, the American Nurses Association, and 55 others, cited contagious new variants — including delta — and low vaccination rates.
“Vaccination is the primary way to put the pandemic behind us and avoid the return of stringent public health measures,” they wrote.
The call to action comes as new COVID cases have almost quadrupled during the month of July, jumping from just around 13,000 infections a day at the beginning of this month to more than 50,000.
While the vast majority of new infections and hospitalizations are among those who have not received the vaccines, many healthcare workers remain unvaccinated. According to data collected by the Centers for Medicare and Medicaid Services, over 38% of nursing home staff were not fully vaccinated as of July 11.
An analysis by WebMD and Medscape Medical News found that around 25% of hospital workers who were in contact with patients had not been vaccinated by the end of May when vaccinations became widely available.
In addition to calls for medical professionals to get vaccinated, some local leaders have also begun to impose mandates for public employees as cases continue spiking.
Last month, San Francisco announced that it was requiring all city workers to get vaccinated. Also on Monday, New York City Mayor Bill de Blasio said that all municipal employees — including police officers and teachers — must either get the jab or agree to weekly testing by the time school starts in September.
Dr. Fauci Says U.S. Officials Are Considering Revising Mask Guidance for Vaccinated People
Numerous top U.S. health officials have applauded efforts by local leaders to mitigate further spread of the coronavirus, including the nation’s top infectious disease expert, Dr. Anthony Fauci, who confirmed Sunday that federal officials are actively considering whether to revise federal masking guidelines to recommend that vaccinated Americans wear face coverings in public settings.
In May, the Centers for Disease Control and Prevention said people who are vaccinated do not need to mask in public. Although that was a non-binding recommendation, many states and cities that had not already lifted restrictions on masking began to do so shortly after.
But now, local leaders in areas seeing big spikes have begun reimposing mask mandates — even for those who are vaccinated — including major counties like Los Angeles and St. Louis.
In his remarks Sunday, Fauci also emphasized that, despite claims from many conservatives, those efforts are in line with the federal recommendations, which leave space for local leaders to issue their own rules.
While Fauci and other top U.S. public health officials have encouraged local governments to take action, Republican lawmakers in several states are taking steps to limit the ability of local leaders and public health officials to take certain mitigation measures.
According to the Network for Public Health Law, at least 15 state legislatures have passed or are considering bills to limit the legal authority of public health agencies — and that does not even include unilateral action taken by governors.
Some of the leaders of states suffering the biggest spikes have banned local officials from imposing their own mask mandates, like Arkansas, which has the highest per capita cases in the country right now, as well as Florida, which currently ranks third.
Notably, some of the laws proposed or passed by Republicans could go beyond just preventing local officials from trying to mitigate surges in COVID cases and may have major implications for other public health crises.
For example, according to The Washington Post, a North Dakota law that bans mask mandates applies to other breakouts — even tuberculosis — while a new Montana law also bars the use of quarantine for people who have been exposed to an infectious disease but have not yet tested positive.
See what others are saying: (The Washington Post) (The New York Times) (The Guardian)
Couple Slammed Over Slavery-Themed Pre-Wedding Photoshoot
Many have expressed outrage at the duo for trying to romanticize slavery while others were left completely dumbfounded by the entire ordeal.
Photoshoot Goes Viral
A couple has come under fire after sharing images on Instagram from their slavery-themed pre-wedding photoshoot.
The photos show a Black man in shackles looking deeply into his white fiancé’s eyes before she works to releases him.
“1842. Days passed and everything changed, our love got stronger and stronger, he was no longer a slave, he was part of the family,” the post’s caption reads.
To indicate his transition from “slave” to family, a fourth image shows him wearing a long coat and top hat with well-shined shoes, as opposed to the white shirt, trousers, and straw hat he wore in the previous images.
Social Media Users React
It’s not immediately clear who these people are since the social media handle is redacted in the images circulating online.
Still, many have expressed outrage at the duo for trying to romanticize slavery while others were left just completely dumbfounded by this entire ordeal. Some also directed criticism at the photographer who agreed to the shoot, along with the hundreds of Instagram users who liked the original posts.
To see people romanticize this shit is infuriating – these people are too much. There is no such thing as slave consent and the sexual abuse of male slaves was real.— Nurse Elise 🌒 (@EliseRootedMind) July 21, 2021
There were three people there counting the photographer and not one thought should we? And over 1400 people hit the like button? And it’s part 2 like there’s more? I so want to be at the wedding when minister asks if anybody objects.— Randi Pro Democracy (@RandiKinman) July 21, 2021