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In a landmark ruling in Oklahoma on Monday, August 26, Cleveland County District Judge Thad Balkman issued a decision holding Johnson & Johnson responsible for the opioid epidemic, setting the stage for future lawsuits against pharmaceutical companies.

Johnson & Johnson was ordered to pay the state $572 million in the first trial of a drug manufacturer for the destruction wrought by prescription painkillers. But the day after that ruling, Nicolas Terry, Hall Render Professor of Law and Executive Director of the Hall Center for Law and Health at IU McKinney, told ABC Live (starting at the 5:10 mark) that the case would be appealed.

“I think there are some weaknesses in the judgment that could even lead to it being overturned,” Professor Terry said.

With more than 2,000 other cases in lawsuits against opioid manufacturers and distributors  brought by cities, states, counties and tribal nations, pending, settlements can be expected, he said.

While communities impacted by the opioid epidemic are likely to see some payouts, “unless we take a very different approach to poverty and the criminalization of addictions, we’re really just marking time until the next addictions crisis,” Professor Terry said.

The interview on ABC Live was just one of a series of interviews Professor Terry did in the wake of the verdict, including:

• “You can argue that there are problems with the decision. You can argue that it’s a lot less than the $17 billion [Oklahoma] asked for. But you can’t take away the fact that we now have a decision, decided by a United States court, in which a large amount of damages were given,” he told a reporter for a story in Popular Science.
• An analysis of the judge’s “controversial” use of public nuisance doctrine for Sinclair Broadcasting Group’s ABC6. “It is particularly controversial when a court moves the idea of public nuisance away from property-related issues. Expanding it into a generally applicable, where-will-it-go-from-here doctrine for any wrong someone finds would, I think, be bad policy and create a lot of uncertainty,” Professor Terry said.
• Related stories for Yahoo! Finance and Fox 59 on Purdue Pharmaceuticals and the Sackler family preparing to settle opioid lawsuits rather than litigate in multiple venues.
• Radio interviews with FMTalk1065 and WCBK in Martinsville, Indiana.

The verdict was also the subject of “The Week in Health Law” podcast (TWIHL.com), in which Professor Terry spoke with Jennifer OIiva, a professor at Seton Hall School of Law where she specializes in health, FDA, and evidence law.

Professor Terry serves on Indiana University’s Grand Challenges Scientific Leadership Team, working on the addictions crisis and is the PI on addictions law and policy Grand Challenge grants. He is one of the permanent bloggers at Harvard Law School’s Bill of Health. His recent publications are at https://ssrn.com/author=183691 and he is @nicolasterry on twitter.