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COLUMBUS, Ohio – The federal judge in Cleveland, who oversaw the national opioid litigation, dismissed Thursday's claims from several pharmaceutical companies that were pulling out of the deal.
In his order, Judge Dan Polster of the US District Court said that he had not done anything in the past two years to encourage cities and counties to search for money for money. pharmaceutical industry to cover the costs of the fight against the deadly crisis.
Polster simply stated that he had recognized the heavy toll of the opioid crisis and the responsibility, as opposed to the legal liability, of many parties involved in the epidemic.
"To publicly acknowledge this human toll does not mean that I am biased, it shows that I am human," he wrote.
Lawyers for drug distributors and pharmacies who had asked Polster to challenge the case, said in a report filed this month that Polster's "unusual level of engagement" vis-à-vis a settlement in the multi-disciplinary trial that draws intense attention from the media had tainted its ability to make neutral decisions. .
Polster said that he had "simultaneously and vigorously" pursued the settlement and the hearing room.
"Recognizing the immensity of the opioid crisis and inviting all the entities that have the power to improve it to join me without delay, does not reflect any bias or prejudice with respect to the opioid crisis. 39, a party to the dispute, and no reasonable observer then conclude, "he writes.
Plaintiffs' lawyers praised the order.
"We are pleased that the Court has strongly rejected this ultimate attempt to derail the upcoming trial, which has thrown unfair and unjustified accusations on the Court," the co-principal councils of the Complainants' Executive Committee said in a statement. email.
Polster's decision clarifies the form of a trial that is scheduled to open on October 21st. This will be the first time that a federal court will review the lawsuits filed by government entities against the drug industry for the price of opioids. More than 2,600 similar claims have been filed by state, local and tribal governments, representatives of babies born of opioid withdrawal, unions and hospitals.
After a series of settlements – including a tentative agreement between the manufacturer of OxyContin, Purdue Pharma and governments across the country – the number of companies still listed as defendants has been reduced. It now includes drug manufacturers Johnson & Johnson and its subsidiaries; Activas and other related companies owned by Teva; Amerisource distributors Bergen, Cardinal Health, Henry Schein and McKesson; and the Walgreens pharmacy chain.
Polster also recently decided that a jury would decide whether companies create a public nuisance by promoting and selling opioids, but that it would decide remedies, if any. A jury was asked to examine both questions.
The parties to the trial stated which exhibits they intended to present and which witnesses they could call – lists containing hundreds of names.
Some questions remain to be determined. The defendants this week have asked Polster to give them more time to make their case and allow the entire trial to last longer than the seven weeks currently scheduled.
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