A California court says drug companies aren’t liable for the state’s opioid crisis

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In a ruling issued late Monday, Orange County Superior Court Judge Peter J. Wilson found the companies, including Johnson & Johnson, aren’t «legally liable» for the opioid crisis.

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In his 41-page ruling, however, Judge Peter J. Wilson said it was unclear the drug industry’s marketing efforts led to directly to a rise in illegal use of prescription opioid painkillers.

«The Court finds that plaintiffs have failed to prove an actionable public nuisance for which defendants, or any of them, are legally liable,» Wilson concluded.

This is a significant victory for the drug industry, which faces a barrage of opioid lawsuits in state and federal courts around the country.

Opioid cases are underway currently in New York, Ohio and West Virginia.

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In 2019, J&J was found liable for contributing to the opioid crisis by a state judge in Oklahoma and ordered to pay $465 million in damages. That verdict is now being appealed.

J&J executives have signaled the company will take part in a $26 billion national opioid settlement that includes drug wholesalers AmerisourceBergen, Cardinal Health and McKesson now being finalized.

This state court ruling in California comes as drug overdose deaths have continued to soar nationwide, killing nearly 100,000 Americans in a 12-month period, according to data from the Centers for Disease Control and Prevention.

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While rejecting liability for the companies in this case, Judge Wilson acknowledged the devastation caused by the opioid crisis.

«This Court is aware of the toll being taken on society,» Wilson wrote. «Opioid-related hospitalization rates and opioid-related deaths starkly demonstrate the enormity of the on-going problem.»

While prescription opioids are widely seen as the spur of the opioid crisis, most drug fatalities now are linked to the synthetic opioid fentanyl.

• drug companies
• opioid crisis