In an order issued on November 30, Judge Bernard Graham of the Kings County Supreme Court stated that a private citizen had no right to assert a negligence claim against an opioid manufacturer under the Controlled Substances Act or its State equivalent law. The NY judge stated that the statutes did not indicate the drug manufacturers must restrict distribution of the prescription drugs. The manufacturers are only required to collect and record data and make reports to federal and state agencies.
The U.S. Judicial Panel on Multidistrict Litigation denied a request from plaintiffs representing "opioid babies" of mothers who were addicted to the opioid drug to form a separate MDL track for them. Recently, Texas has asked the state's MDL panel to rethink consolidating its opioid abuse lawsuit with others against Purdue Pharma LP.
Allegations are made against opioid manufacturers that they violated the rules by not informing the Federal authorities about the unusual size, suspicious purchases, or the frequency of bulk purchases. There is an allegation that huge benefits were reaped by manufacturers, and they intentionally failed to inform the medical providers about the addictive nature and consequences of opioids.
Opioid multidistrict litigation MDL No. 2804 (In Re: National Prescription Opiate Litigation) was formed in the Northern District of Ohio before U.S. District Judge Dan A. Polster. The first bellwether trial in the litigation will commence on September 3, 2019.
