CHARLESTON, W.Va. — State Attorney General Patrick Morrisey is applauding a decision by the state Mass Litigation Panel (MLP) to schedule the state’s lawsuit against three drug manufacturers, including a subsidiary of Johnson & Johnson, for trial.
The panel granted Morrisey’s request for an expedited trial this week. It’s scheduled to begin April 4, 2022 before the MLP in Charleston.
“We can now proceed with cases where we think we can utilize our authority, get it to court quickly, and try to have a resolution on accountability from these drugmakers,” Morrisey told MetroNews Thursday.
The case alleges Johnson & Johnson, its subsidiary Janssen Pharmaceuticals, Teva and Endo all misrepresented their opioids when they convinced doctors, pain clinics and other health care facilities to prescribe them for pain.
“The companies knew that these products were addictive and that people in West Virginia would get hooked on them and we believe when we get into court we’ll be able to show that,” Morrisey said.
Attorney Rusty Webb, who also represents the state, said getting a trial date puts the proper focus on the case against Johnson & Johnson after the state refused to take part in the national settlement involving the company.
“They either have to deal with us individually as a state and then counties and cities or they have to deal with us as a group for a global West Virginia settlement,” Webb said.
Webb admitted all of the lawsuits against the opioid manufacturers, distributors and pharmacies can be difficult to follow but what’s important is getting the cases scheduled for trials.
“This will now put the focus back on West Virginia and Johnson & Johnson and the other manufacturers,” he said.
Harrison County and Clarksburg have a trial scheduled to begin Nov. 1 against opioid distributors AmerisourceBergen, Cardinal Health and McKesson. Cabell County and Huntington are awaiting a judge’s decision on a case against those three companies that ended last week after 40 days of trial.
Morrisey said Thursday his office will continue to listen to the defendants in the case against the manufacturers concerning a possible settlement but going to trial is more likely.
“We know the previous settlement offer was absolutely unacceptable, that was part of the national settlement that West Virginia’s rejecting,” Morrisey said. “We’re always open to what people have to say but we’re gearing up, getting ready for April 4th.”
Morrisey will travel next week to New York to argue against a bankruptcy court settlement involving Purdue Pharma. Morrisey said the distribution language is unfair to West Virginia in that case.