Opioids and Guns: Claims of Public Nuisance – Who May Be Liable -
Two issues of importance to product liability lawyers—and indeed the public at large—have dominated recent news cycles: the opioid abuse crisis and the scourge of school gun violence. When crises like these arise, the question of who is responsible for the resulting harms is typically resolved in the courts, but often turns on thorny issues of public policy and the political will of legislators. For certain industries, like gun and vaccine manufacturers, Congress has sought to shield them from exposure in the courts through grants of a limited form of immunity. Other industries like the tobacco industry were not so protected and the courts were used to resolve the scores of claims brought against its members by various states and municipalities.
In the case of the current opioid crisis, dozens of cities, states, municipalities and third-party payors are seeking to hold the pharmaceutical companies
who manufacture FDA-approved prescription opioid medications and the companies that distribute them responsible for the consequences of opioid abuse, which in large part involves the use of illegal street drugs, such as heroin and fentanyl. Plaintiffs claim defendants created a public nuisance and they seek a wide spectrum of injunctive relief and damages, including costs for law enforcement, addiction treatment, and hospital care. See, e.g., City of Cleveland v. AmerisourceBergen Drug Corporation, et al., No. 1:18-op-45132 (N.D. Ohio Mar. 6, 2018). The claims in these lawsuits could potentially make these and other FDA-approved medications unavailable to patients suffering from pain. This article examines how the courts and lawmakers have treated manufacturers facing potentially catastrophic liabilities, often resulting from the lawful use of their products.
Please see full publication below for more information.
