Johnson & Johnson, agrees to $263M settlement on eve of high-profile opioid trial

The settlement does not cancel the trial, but it does remove one of the most high-profile defendants in the case.

Johnson & Johnson did not make an admission of liability and continues to maintain that its marketing and promotion of prescription pain medication was “appropriate and responsible.” (Photo: Video_Creative/Shutterstock.com)

With two days to go before opening arguments are set to begin in the state of New York’s multidefendant opioid lawsuit, Johnson & Johnson and New York Attorney General Letitia James on Saturday announced that the pharmaceutical company has reached a settlement, removing one of the highest-profile defendants from the suit.

The settlement involves payments of up to $263 million to the defendants, including the state of New York and Nassau and Suffolk counties, intended to help them address opioid-related issues. The money represents the share New York would have received from Johnson & Johnson’s $5 billion proposed settlement with states, cities, counties and tribal governments.

Related: Opioid distributors sold ‘mountain of pills,’ lawyer says in latest trial

Johnson & Johnson also has agreed to pay the plaintiffs’ attorney fees and costs.

The settlement is the largest monetary settlement ever secured by James in her tenure, according to her office.

Of the $263 million, $30 million depends on Gov. Andrew Cuomo signing a bill approved by the State Assembly to create an opioid settlement fund, among other criteria.

Johnson & Johnson did not make an admission of liability and continues to maintain that its marketing and promotion of prescription pain medication was “appropriate and responsible,” according to a news release about the settlement.

The settlement agreement also makes enforceable a ban on Johnson & Johnson and its subsidiaries manufacturing or selling opioids in New York. The company had already ceased selling the opioid medications at issue in the lawsuit in the United States.

James said her office was prepared to go to trial against the remaining defendants, including pharmacies and other drugmakers.

“Our trial against the remaining defendants will commence this coming week, where we will lay bare the callous and deadly pattern of misconduct these companies perpetrated as they dealt dangerous and addictive opioids across our state,” James said. “As always, our goal remains getting funds to those devastated by opioids as quickly as possible.”

The trial is set to be conducted in a lecture hall at Touro Law School in Central Islip to accommodate social distancing.

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