By Thomas M. O’Toole, Ph.D.
Next month, the largest jury trial to date against opioid manufacturers, distributers, and sellers will take place in northeastern Ohio. The trial will involve the first case among the consolidated lawsuits brought by about approximately two thousand cities, counties, tribes, and others. In light of the recent decision in Oklahoma, in which a judge ordered Johnson & Johnson to pay $572M to the state, it is easy to understand why the stakes are significant.
These cases are particularly interesting because of how they mirror the tobacco lawsuits filed by states years ago. The brilliant tactic by the plaintiff attorneys in the tobacco litigation was to make the states the plaintiffs rather than the individual smokers. Before that, when the plaintiffs were individual smokers, it was too easy for the tobacco companies to point the finger at the user and say that it was their choice to smoke. Those kinds of appeals to personal responsibility worked when the plaintiff was an individual user, but having the states as the plaintiffs significantly limited the tobacco companies’ ability to do that. It was hard to place any critical focus on the states, which is so important in jury trials. It is no coincidence that the same has happened here. Continue reading