Decision issued by Superior Court Presiding Justice Alice B. Gibney denies opioid manufacturers' motion to dismiss
Attorney General Peter F. Neronha announced today that the State's lawsuit against opioid manufacturers cleared an important hurdle and will continue to move toward trial after a favorable ruling issued by the Rhode Island Superior Court. Presiding Justice Alice B. Gibney issued the decision, which denied the opioid manufacturers' attempt to have the lawsuit dismissed.
In light of today's decision, the State's ongoing litigation against the nation's top opioid manufacturers and distributors for their alleged role in creating the public health crisis by marketing, producing, promoting and distributing opioids here in Rhode Island will proceed.
"The opioid epidemic has had a devastating effect on people in Rhode Island and across the country," said Attorney General Neronha. "We are grateful for the judge's decision today in this important case. The people of Rhode Island deserve their day in court and we intend to move this case forward as expeditiously as possible."
In today's decision, which denied Defendants' motion to dismiss in full, the Court found that the state's complaint has an adequate legal and factual basis to move forward. Specifically, the Court identified the ongoing opioid crisis as public health epidemic and that the State correctly identified the opioid crisis as a public nuisance by interfering with a right common to the public. Furthermore, the Court found that the State properly alleged that the Defendants were in control of the supply of prescription opioids throughout this time, and their conduct caused the public nuisance by interfering with a right common to the public.
The Rhode Island Office of the Attorney General filed a civil lawsuit against major opioid manufacturers and distributors including: Purdue Pharma L.P.; Purdue Pharma Inc.; The Purdue Frederick Company, Inc.; Rhodes Pharmaceuticals; Teva Pharmaceuticals USA, Inc., Cephalon, Inc.; Mallinckrodt PLC; Mallinckrodt, LLC; Specgx, LLC.; McKesson Corporation d/b/a McKesson Drug Company; Cardinal Health, Inc.; the AmerisourceBergen Drug Company; and a member of the Sackler family, Richard Sackler.
The lawsuit alleges that defendant opioid manufacturers and distributors knowingly misrepresented the risk posed by prescription opioids in order expand their use and drive up profits. It is also alleged that, in particular, opioid distributors disregarded obligations to identify suspicious orders and customers, allowing for and failing to stop the diversion of opioids within and to Rhode Island. Currently, parties are in the discovery phase of the litigation process, which will continue after today's decision by the Court.
Link to today's decision in State v. Purdue Pharma: https://www.dropbox.com/s/wm2w9p2nuo5q7w8/2019.08.16%20-%20MTD%20Decision.pdf?dl=0
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