In 2023, plaintiffs were highly successful in obtaining class certification in products liability and mass tort actions. The certification rate was 69% with 9 motions for class certification granted and 31% or 4 motions denied. II. Opioid Litigation One example of extensive, high-stakes lawsuits in this space is the nationwide opioid litigation, which was consolidated into MDL No. 2804 in 2017 in the U.S. District Court for the Norther District of Ohio. Other similar MDL proceedings involve prescription medication, over-the-counter medication, and allegedly defective products. These lawsuits stemmed from the national public health crises created by the vast use and addiction to opiates. The manufacturers are accused of hiding or otherwise not being as forthright about the addictive properties of opiates, and were battling claims alleging public nuisance, negligence, and violations of the various states’ consumer protection laws. The Centers for Disease Control (CDC) reported around 110,000 opioid-related drug overdoses in 2022. The opioid litigation has seen over 3,000 lawsuits brought by governmental entities and private
individuals. The first opiate related lawsuits began in 2014 and were brought by Santa Clara and Orange County. Other states and private individuals soon followed, bringing claims of public nuisance, negligence, and violations of the various states’ consumer protection laws. Since the initial onset of litigation, settlements have reached in the billions of dollars, and some of those proceeds were paid directly by the individuals who owned the pharmaceutical companies that manufactured opiates. The class actions in this regard have targeted a myriad of defendants. Purdue Pharma and Johnson & Johnson, the manufacturers, have been accused of hiding the addiction risk. Distributors like McKesson, Cardinal Health, and AmerisourceBergen have faced allegations of failing take action with respect to suspicious opiate orders. Drug stores such as CVS, Walgreens, and Walmart were also named as defendants. CVS, Walgreens, and Walmart In late 2022, CVS, Walgreens, and Walmart agreed to settlements with state, local, and tribal governments. The pharmacies were accused of withholding data from pharmacists, preventing the safe prescription of opioids, and failing to investigate the over-prescription of opioids. The three pharmacies agreed to pay up to $13.8 billion dollars to settle claims under state and local lawsuits, and the settlements were finalized this past year. In addition to the monetary damages, the companies are required to implement changes in how they handle opioids, including requirements addressing their compliance structures, pharmacist judgment, diversion prevention, suspicious order monitoring, and reporting on red-flag processes, including the investigation of problematic prescribers.
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Duane Morris Product Liability And Mass Torts Class Action Review – 2024
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