Article Title
Recommended Citation
Richard C. Ausness,
Opioid Lawsuits: Is There Any End in Sight?,
33 Health Matrix
193
(2023)
Available at:
https://scholarlycommons.law.case.edu/healthmatrix/vol33/iss1/4
Abstract
The opioid epidemic has led to a surge in litigation against opioid manufacturers, distributors, and retail pharmacy chains. This article provides a comprehensive overview of the legal landscape surrounding opioid lawsuits. It discusses the chemical nature of opioids, marketing practices of Purdue Pharma and others, and the largely unsuccessful personal injury cases brought against Purdue by private individuals prior to 2014. The article also examines the public nuisance doctrine—the most popular liability theory invoked by government plaintiffs—and analyzes three of the most important litigation pathways: (1) suits by individual government entities, usually states; (2) multidistrict litigation (MDL); and (3) bankruptcy proceedings. Finally, it considers some of the problems associated with the adjudication and settlement of mass tort cases such as opioid litigation. [AI generated abstract]