The first trial against a pharmaceutical opioid manufacturer started in Norman, Oklahoma, on Tuesday, in what could be a precedent-setting case for hundreds of other claims around the country.
Oklahoma Attorney General Mike Hunter began the day by accusing Johnson & Johnson of putting profits over responsibility and argued that the company was responsible for the "worst man-made public health crisis in the history of our state and country."
In the multi-billion dollar civil suit against the drug maker, lawyers for the state argued that Johnson & Johnson knew about the addictive nature of opioids, but misled doctors by downplaying the risks of the drugs while touting its benefits.
Brad Beckworth, a lawyer for Oklahoma, argued that Johnson & Johnson was motivated to increase sales on multiple fronts as both the manufacturer of the drugs Duragesic and Nucynta and as a supplier of the raw materials for other opioid manufacturers. He argued that a marketing push by Johnson & Johnson lead doctors to overprescribe opioids in Oklahoma.
"If you oversupply, people will die," Beckworth repeatedly said in his opening statement while showing email communications from Johnson & Johnson sales representatives.
Beckworth argued those emails showed the pressure tactics the company used to get doctors to prescribe Johnson & Johnson's drugs.
In its defense, Johnson & Johnson lawyer Larry Ottway argued that the company clearly labeled its drugs and highlighted the addictive nature and risks of its product. Ottway displayed for the court slides of all the warnings that come with its drugs. He also argued that Johnson and Johnsons share of the opioid market in Oklahoma was too small to be responsible for the crisis.
Oklahoma settled with two other drug manufacturers before Tuesday's opening statements. In March, Purdue Pharma settled for $270 million and on Sunday, Teva Pharmaceuticals settled for $85 million, leaving Johnson & Johnson as the sole defendants in what could a months long bench trial.
Ottway addressed Johnson & Johnson's position as the sole remaining defendant, concluding "if you're right, you must fight."