An Ominous Ruling For The Opioid Industry

A New York state judge has refused to dismiss the claims by eight New York counties against major opioid manufacturers. Suffolk County Supreme Court Judge Jerry Garguilo ruled that plaintiffs did indeed have standing to sue and that state law with regard to marketing is not preempted by FDA regulations. He also allowed public nuisance claims to go forward, despite a 2003 New York state precedent that dismissed similar claims against gun manufacturer Sturm, Ruger & Co.. The difference, according to Judge Garguilo, is that the gun claims – unlike those against the opioid companies – were based on illegal possession and use of the product. The New York ruling does not bode well for drug companies that are making similar arguments for dismissal in a major consolidated federal case in Ohio.