Four health care giants including Johnson & Johnson reach $26 BILLION deal to end opioid lawsuits in second-biggest cash settlement in history
- McKesson Corp, Cardinal Health Inc, AmerisourceBergen Corp and Johnson & Johnson have reached the settlement deal
- The ultimate amount the companies will have to pay will depend on the number of states who sign on for the settlement
- It's estimated at least 40 states will sign on to the deal, with an expected overall payout of $26 billion
- The amount makes the deal the second-largest cash settlement in US history, eclipsing the $20.8 billion deal BP reached back in 2015 over the Gulf oil spill
- Despite the new agreement, the opioid crisis continues to worsen across the US
- The CDC last week released data showing drug overdose deaths were up 29 percent last year
Four health care giants have agreed to pay a collective $26 billion over their roles 'in creating and fueling America's opioid epidemic'.
The deal is the second-biggest cash settlement in US history, trailing only the $246 billion tobacco agreement which was reached back in 1998.
Attorneys general from 15 states were involved in negotiating the deal and they announced the historic settlement on Wednesday following two years of legal wrangling.
Under the proposal, distributors McKesson Corp, Cardinal Health Inc and AmerisourceBergen Corp are expected to pay a combined $21 billion, while Johnson & Johnson would pay $5 billion.
'There's not enough money in the world frankly to address the pain and suffering,' Connecticut Attorney General William Tong said in a statement after the news was announced.
Settlement money from the three distributors will be paid out over the next 18 years. J&J will pay over nine years, with up to $3.7 billion paid during the first three years.
The opioid crisis has been blamed for hundreds of thousands of U.S. overdose deaths since 1999.
The distributors were accused of lax controls that allowed massive amounts of addictive painkillers to be diverted into illegal channels, devastating communities. J&J was accused of downplaying the addiction risk in its opioid marketing. All of the companies have denied the allegations.
The payout money is expected to fund prevention, treatment, and recovery programs.
A group of state attorneys general unveiled on Wednesday a landmark, $26 billion settlement resolving claims that the three largest U.S. drug distributors and drugmaker Johnson &Johnson helped fuel a deadly nationwide opioid epidemic
The exact amount of money that will be payed out will be contingent on how many states will sign on to the settlement.
At present, its believed more than 40 will so do, meaning the expected $26 billion deal will eclipse the $20 billion settlement over the 210 Gulf oil spill.
The settlement also calls for the creation of an independent clearinghouse to provide all three distributors and state regulators aggregated data about where drugs are going and how often, a tool negotiators hope will help reduce pills being over shipped to communities.
The ultimate amount the companies may have to pay will depend on the extent states sign up for the settlement and confirm their cities and counties are on board.
The opioid crisis has been blamed for hundreds of thousands of U.S. overdose deaths since 1999, but has hit some regions much harder than others, creating divisions among governments when it comes to evaluating the settlement.
The attorneys general said they anticipate broad support, which is required before the companies fully fund the agreement.
States will have 30 days to evaluate the agreement.
'The expectation is north of 40 and well north of 40 will sign on,' said North Carolina Attorney General Josh Stein.
Washington state's attorney general, Bob Ferguson, said he would not join the deal. 'The settlement is, to be blunt, not nearly good enough for Washington,' he said.
That state's trial against the drug distributors begins on Sept. 7 and a January trial is set against Johnson & Johnson.
To get the full payout, a critical mass is needed. The maximum payment requires at least 48 states, 98% of litigating local governments and 97% of the jurisdictions that have yet to sue, a person familiar with the settlement said.
Electing to participate only guarantees a state 55% of its share of the settlement as a base amount, the person said.
The other 45% is contingent on the state through legislation or agreement being able to get its political subdivisions on board and assuring the companies an end to the litigation, the source said. Local governments have up to 120 days to join.
More than 3,000 lawsuits related to the health crisis, mostly by state and local governments, have been filed.
About half of the states have already passed legislation or signed agreements with their localities governing how settlement money will be distributed, according to Christine Minhee, who runs an opioid litigation watchdog project supported by an Open Society Foundations Soros Justice Fellowship.
Legislation does not guarantee success. In Indiana, cities and counties representing more than half of the state's population exercised their rights to opt-out of any settlement after a law was passed limiting their cut to 15% and restricting lawsuits.
Hard-hit West Virginia had already signaled it will not participate in the settlement, after local governments opted last year to try to pursue their own deal in hopes of a bigger payout. The distributors are currently on trial in one case in the state.
'As of now, West Virginia is very likely a 'no' on these agreements, but we will continue to review all proposals and advocate for the best interests of West Virginians,' state Attorney General Patrick Morrisey said.
New Hampshire, which was deeply affected by the epidemic, also has not decided whether to join the deal, said James Boffetti, an associate state attorney general. He noted the state is suing J&J and the distributors.
'We will closely evaluate the terms of any settlements once we receive them,' he said. 'I can't say at this point whether or not we will join either settlement.'
Meanwhile, the crisis has shown no sign of letting up. The U.S. Centers for Disease Control and Prevention last week said provisional data showed that 2020 was a record year for overall drug overdose deaths with 93,331, up 29% from a year earlier.
