Johnson & Johnson has long touted healthcare-related goods and services. However, J&J subsidiary Janssen Pharmaceuticals found itself as a primary defendant in litigation brought on by the state of West Virginia for allegedly fueling an opioid crisis within the state. Monday, Johnson & Johnson settled with the state of West Virginia for $99 million. According to Reuters, this development is the largest opioid settlement that J&J has paid out per capita.
In February, West Virginia was given the option to partake in a $5 billion settlement. The state and four others declined and instead pursued individual settlements. West Virginia would have received $53 million if it accepted the initial offer.
Johnson & Johnson is now removed from the ongoing trial as of its settlement. West Virginia is still pursuing claims against Teva Pharmaceuticals Industries Ltd. and AbbVie Inc’s Allergan in Kanawha County Circuit Court for their supposed role in the crisis.
According to PBS News, the litigation brought against the companies is for their part in allegedly failing to properly advise and educate about the possibility of becoming addicted to opioids and overstating the drugs’ benefits.
West Virginia Attorney General Patrick Morrisey said the money received from the settlement would go toward quickly funding relief efforts as the opioid crisis has had a substantial negative impact on the state.
Morrisey stated that West Virginian communities affected most by the opioid crisis could start to see funds appear in as little as 45 days.
J&J no longer sells prescription opioid medications but had previously sold branded painkillers Duragesic, a brand name for fentanyl, and Nucynta, the brand name for tapentadol. According to the United States Drug Enforcement Administration, both are classified as schedule II prescription drugs, meaning they have a high potential for abuse and psychological dependence.
According to the United States Centers for Disease Control and Prevention, West Virginia had over three times the national average of overdose deaths in 2020. In the last two decades, the state amassed 500,000 overdose deaths.
In a Monday statement, Johnson & Johnson noted the settlement was not an admission of any wrongdoing on behalf of the company.
J&J stated, “The company’s actions relating to the marketing and promotion of important opioid prescription medications were appropriate and responsible. The company no longer sells prescription opioid medications in the U.S.”
Matthew Perri, a pharmaceutical marketing expert testifying for the state of West Virginia, stated that he reviewed thousands of marketing documents from the companies in question. Perri said he observed an apparent shift in the 90s and early 2000s from using opioids for terminal cancer patients to utilizing them to treat long-term pain.
He added that they were marketed as “safe and highly effective” drugs that would “improve the quality of life” for people with chronic pain.