New York opioids trial set to go before a jury in Suffolk

Opening arguments are scheduled to begin this week in Central Islip in a class action lawsuit filed by Nassau, Suffolk and New York Attorney General Letitia James that accuses pharmaceutical manufacturers and distributors of fueling the opioid epidemic that has claimed thousands of lives on Long Island during the past decade.

The lawsuit could set a template for a future national settlement with drug manufacturers and distributors, said Stephen Acquario, executive director of the New York State Association of Counties, an advocacy organization for the state's 62 county governments.

"This trial is about holding the defendants accountable and making sure Suffolk County gets the resources it needs to address this crisis," said Jayne Conroy of Simmons Hanly Conroy, an attorney representing Suffolk.

The New York opioid litigation will be the first of its kind in the nation to go before a jury, which is expected to hear from hundreds of witnesses.

Unlike litigation in other states, Acquario said, the New York case involves not just pharmacies but manufacturers and other parties. New York, with its mix of large cities, suburbs and rural communities, is also a microcosm of the nation, Acquario said, calling Suffolk and Nassau "bellwether counties."

"If they can resolve this in New York, that will go a long way to a national settlement," Acquario said. "A lot of people around the country are watching this."

One defendant — Johnson & Johnson — agreed to an 11th-hour settlement to pay the state up to $230 million, the attorney general's office announced Saturday. The company also agreed to stop manufacturing or selling opioids. Lawyers for the state will ask State Supreme Court Justice Jerry Garguilo to dismiss Johnson & Johnson from the lawsuit on Monday.

"While no amount of money will ever compensate for the thousands who lost their lives or became addicted to opioids across our state or provide solace to the countless families torn apart by this crisis, these funds will be used to prevent any future devastation," James said.

Johnson & Johnson said in a statement that its agreement is not an admission of guilt or liability, and that the amount to be received by New York is the prorated amount the state would receive under a nationwide settlement. The company said it discontinued prescription pain medication last year.

The case against the other defendants, however, remains scheduled for trial.

"I am committed to holding these actors accountable for the devastation they caused in our communities," Nassau County Executive Laura Curran said. "Nassau County is paying a painful price to heal the damage caused by these defendants, and we intend to send them a large bill."

Claims cite 'tidal wave' of pills

The lawsuit alleges drug manufacturers and distributors aggressively pushed opioid painkillers into New York communities while minimizing their dangers and the possibility of addiction. State and county officials say they hope to hold the companies accountable for the death and misery caused by the opioid epidemic — and to recoup hundreds of millions of dollars for treatment, recovery and prevention.

"The claims focus on the tidal wave of pills that flooded our community," said attorney Hunter Shkolnik of Napoli Shkolnik, who represents Nassau County. "These defendants had obligations to turn the faucet off, not pour gasoline into the fire."

Conroy said the county's taxpayers have had to pay for police, emergency medical services, health care, social services and other costs created by opioid manufacturers and distributors.

"Testimony during trial will also streamline future cases due to party admissions that are made in open court and liability exhibits that are admitted and made public," Conroy said.

No settlement, however, can properly compensate some Long Island families for the grief they have endured as a result of the opioid crisis, officials said.

"I’ve been waiting for this for years," agreed anti-drug activist David Morrissey of Smithtown, whose son William died from chronic heroin and cocaine use in 2016. "It won’t bring back my son, but it raises the possibility that things will improve."

Steve Chassman, executive director of the Long Island Council on Alcoholism and Drug Dependence, a Westbury-based nonprofit that provides treatment and support to people struggling from substance abuse, said media reports and earlier lawsuits have made it clear that opioid manufacturers and distributors put profits over people’s health.

"We know there were nefarious strategies that led to overprescribing and marketing and thousands of deaths," Chassman said.

The case had been delayed for more than a year because of the coronavirus pandemic, but jury selection began earlier this month. The lawsuit consolidates individual cases filed by 70 government entities beginning in 2017, when Suffolk County filed the first New York complaint against opioid manufacturers and distributors.

Garguilo will preside over the trial, which is expected to last at least six weeks. It will be held at Touro College’s Jacob D. Fuchsberg Law Center to accommodate the number of attorneys and defendants involved in the case, as well as media and members of the public.

Defendants include Teva Pharmaceuticals, Endo Pharmaceuticals, Allegan Finance and McKesson Corp., which did not respond to requests for comment. Cardinal Health, also a defendant, declined to comment.

"AmerisourceBergen is looking forward to sharing with the court the facts about our role in the supply chain and our long-standing commitment to fulfilling our regulatory responsibilities and doing our part to combat the opioid crisis," defendant AmerisourceBergen said in a statement.

"As a distributor of a wide range of prescription medications to DEA- and state-licensed pharmacies and hospitals, AmerisourceBergen does not determine the supply of the medications it distributes nor do we impact demand for those medications," the company added.

Related cases against OxyContin manufacturer Purdue Pharma and other companies are now in U.S. Bankruptcy Court.

'This isn't about punishment'

Treatment and recovery expert Jeff Reynolds said the trial could bring relief to families of people who died from overdoses or have struggled with addiction. He expects the trial will demonstrate that addicts were not struggling with moral or personal failings, but were victims of a global enterprise to reap as much profit as possible.

"A lot of people profited from this," said Reynolds, president and chief executive of Family and Children’s Association, a Nassau organization that provides substance abuse treatment. "It could be healing for families to see the bigger picture."

Officials and addiction experts said it was important for any money that comes from the lawsuit to be used for treatment and prevention. New York lawmakers unanimously approved legislation June 9 that would require funds from any settlement from the defendants to be dedicated to treatment, prevention and education programs, rather than being deposited into the general fund.

"While no amount of money will ever compensate for the thousands who lost their lives or became addicted to opioids across our state, or provide solace to the countless families torn apart by this crisis, this bill ensures funds are used to prevent any future devastation," James said.

Gov. Andrew M. Cuomo is reviewing the bill, according to a spokesman.

The trial comes as Nassau and Suffolk wrestle with a disturbing spike in fatal drug overdoses that officials blame on the pandemic. Fatal overdoses were projected to jump 34.1% in Nassau last year and 12% in Suffolk.

Police, prosecutors and public health experts say the jump in overdose deaths was due to social isolation, financial anxieties and mental health challenges caused by the pandemic.

"This isn’t about punishment, this is about cleaning up the mess they (opioid manufacturers and distributors) created," Reynolds said. "There is a generation of kids who grew up in an opioid epidemic. The trauma of this will be felt for generations."