'The worst man-made public health crisis in American history': Landmark opioid trial begins with claims pharmaceutical companies were 'in a race' with each other in the 1990s to produce the highly addictive drugs and lied to the public about the risks
- The trial against Johnson & Johnson and its subsidiary Janssen Pharmaceuticals began on Tuesday in Oklahoma
- Several other opioid manufacturers including Purdue Pharma have already settled with the state
- Oklahoma is suing the companies, claiming it knew it was doing people harm when they made and marketed the drugs
- The companies say they are not to blame and that it is the fault of doctors who over-prescribe opioids
- More than 2,000 lawsuits have been filed against the companies across the US
- Most have been consolidated into one case which is now playing out
- The trial will hear testimony from experts in the industry and employees from some of the companies
- Dr. Dr. Julio Rojas, an addiction expert was the firs state's witness
The first trial against pharmaceutical companies and their role in the nation's opioid crisis began in Oklahoma on Tuesday with prosecutors blaming the corporate machines for creating 'the worst man-made public health crisis' in American history.
The case is against Johnson & Johnson and its subsidiary Janssen Pharmaceuticals.
Purdue Pharma, which makes OxyContin, previously settled with the state for $270million to avoid going to trial.
In his opening arguments, Oklahoma Attorney General Mike Hunter said the company embarked on 'a cynical, deceitful multimillion-dollar brainwashing campaign' to sell opioids as a "magic drug."
'It's time to hold them responsible for their actions,' he said, adding that it was the 'worst man-made public health crisis in American history.'
Among the first arguments made was that for every adult in Oklahoma, there were 135 pills for every adult in Cleveland County, Oklahoma.
State's attorney Brad Beckworth speaks during the opening statements during the opioid trial at the Cleveland County Courthouse in Norman, Oklahoma
Judge Thad Balkman listens during opening arguments for the state of Oklahoma
The state alleges drug makers extensively marketed highly addictive opioids for years in a way that overstated their effectiveness and underplayed the risk of addiction.
The companies say the crisis is the fault of doctors who over-prescribe the medication.
The court heard how Jansen & Jansen were in a race with Purdue Pharma to create drugs for the mass market.
Brad Beckworth, arguing for the state, quoted the song 'Annie Get Your Gun', saying: 'Anything you can do, I can do better.'
'Johnson & Johnson was in a race with Purdue to do the same things.'
He went on to say that the companies had caused widespread 'pain and anguish' in the name of money.
'The pain, anguish and heartbreak… is almost impossible to comprehend.
'How did this happen? At the end of the day, your honor, I have a short one word answer – greed,' he said.
Attorney Michael Burrage added for the courtroom: 'Johnson & Johnson helped create this public nuisance in Oklahoma, and here is what they did your honor.
'Both falsely and deceptively, through multiple methods and with others, promoted opioids for the treatment of chronic, non-malignant pain.'
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The first state witness was a doctors who explained how addiction is caused.
Dr. Julio Rojas, an addiction expert, who described how addicts felt 'intense euphoria' when they used the drugs.
'I've heard people describe it as the warm hand of God touching them,' he said.
'We're now in a vicious state where you're trying to avoid feeling sick, trying to function.
'It's just a vicious cycle from here on out,' he added.
Oklahoma Attorney General Mike Hunter speaks during opening arguments Tuesday, May 28
'I really want folks to understand what's going on here. All of us have these instincts.
'These folks are now bad, these behaviors are coming from a brain that is drastically changed.
'The mother that takes opioids while carrying. These are desperate acts,' he went on.
He went on to describe it as a 'chronic illness' that requires 'chronic management' and concluded his testimony by telling the court: 'Addiction is a terrible disease.
'If you've never gotten it, thank whoever you worship. It is a terrible road to walk down.'
The companies maintain that they are part of a lawful and heavily regulated industry that is subject to strict federal oversight, and that doctors are the ones who prescribe the drugs.
They also argued for the need of some drugs to manage pain.
'We have all suffered pain, some of us fortunately less than others. We have hit our finger with a hammer, we have all suffered a toothache, we have all broken bones, been burned, and we hate it.
'It is the memory of what it was like to be pain-free that gets us through those times.
'I want everyone to think of what it would be like if instead of going away that pain stayed with a person… and never went away.
'Serious chronic pain is a soul-stealing, life-robbing thief.
'It leads to depression, it leads to suicide, people can’t take care of their own basic function,' Janssen Pharmaceutical Cos. attorney Larry Ottaway said.
Larry Ottaway, one of the attorneys for Johnson & Johnson, argues for the defense. He said it was the fault of doctors who over prescribe the drugs
Bottles of Purdue Pharma L.P. OxyContin medication sit on a pharmacy shelf in a file photo. The company has faced allegations linking its drugs with the opioid crisis
He added Janssen only represents only a small part of a vast supply and distribution chain for opioid products that is extensively regulated by various federal agencies, including the U.S. Food and Drug Administration.
He said the company's fentanyl patch Duragesic represented only a tiny fraction of the opioid market in Oklahoma and was not widely abused or sold on the street like other drugs.
'It has low rates of addiction and low rates of diversion. When you hear about pill mills, you don't hear about patches,' he said.
'When we talk about the balance between risk of addiction and unrelenting pain, that is the balance the government is speaking about,' he went on.
'How much proof of that will you hear in this case? None,' he finished.
The trial could bring to light documents and testimony that show what the companies knew, when they knew it and how they responded.
The judge in Ohio is overseeing the 1,500 consolidated opioid lawsuits filed by state, local and tribal governments.
More than 2,000 have been filed across the country and many are against Purdue and its owners, the Sackler family.
Cleveland County District Judge Thad Balkman, not a jury, will decide the case.
He is allowing cameras in the courtroom, which is a rarity in Oklahoma.
Purdue, which produces OxyContin, settled but has always maintained it is not to blame for the crisis.
Lawyers have repeatedly denied allegations that it ignored health facts to market the drugs and make money.
The family behind the company, the Sacklers, has been ex-communicated largely from the high-rolling society it is a part of.
JP Morgan has cut ties with the family and The Metropolitan Museum of Art in New York, which has entire wings named after them, has said it will no longer accept money from the family.
