Lawyers for opioid companies give their side to the jury in day two of landmark trial

Attorneys for opioid manufacturers and distributors said corrupt doctors, pill mills, street gangs and international cartels — but not their clients — were responsible for the opioid epidemic that devastated Long Island in recent years.

The defense lawyers made those points in opening arguments during day two of the jury trial in the landmark lawsuit filed by Suffolk, Nassau and New York Attorney General Letitia James.

They contended that the counties and the state have no evidence to support the plaintiffs' claim — outlined Tuesday in court — that the opioid companies created a public nuisance by pushing the painkillers while downplaying the drugs' dangers and addiction risks.

"You will not see any evidence in this case to support false marketing claims against my clients," said attorney Nancy Patterson, who represents Teva Pharmaceutical Industries and several of its affiliates.

But the jury will see plenty of evidence, the defense lawyers argued, that shows the drug companies complied with state and federal regulations and maintained adequate safeguards to prevent the illegal diversion of highly regulated opioids. The jury will also see evidence that indicates the state failed to intervene after the drug companies flagged suspicious orders from pharmacies and continued to license doctors who wrote illicit prescriptions.

Jurors will also see evidence that suggests state and federal agencies continued to promote opioid painkillers even after thousand of people died from overdoses, the defense lawyers said.

The lawsuit alleges drug manufacturers and distributors misled consumers with marketing that minimized their dangers and the potential for addiction. State and county officials say they hope to hold the companies accountable for the death and misery caused by the opioid epidemic — and to recoup hundreds of millions of dollars for treatment, recovery and prevention.

If the plaintiffs prevail, a second trial will be held to determine damages. Gov. Andrew M. Cuomo on Wednesday signed a bill passed unanimously by the State Legislature on June 9 that would require funds from the lawsuit as well as any settlements with additional opioid companies to be dedicated to treatment, prevention and education programs, rather than being deposited into the general fund.

"While no amount of money will ever compensate for the thousands who lost their lives or became addicted to opioids across our state, or provide solace to the countless families torn apart by this crisis, this law ensures funds are used to prevent any future devastation," James said Wednesday.

There are seven drug manufacturers and distributors, as well as their subsidiaries, named as defendants in the trial before New York State Supreme Court Justice Jerry Garguilo. It is being held at Touro College’s Jacob D. Fuchsberg Law Center, rather than the nearby Cohalan Complex, to accommodate the large number of lawyers and staff involved in the case.

Hundreds of witnesses, including former Suffolk County Medical Examiner Michael Caplan and national addiction experts, are expected to be called to testify.

The sweeping nature of the case, defense attorneys argued Wednesday, has led to false allegations against their clients. For example, they said some of the manufacturers’ subsidiaries aren't even permitted to market drugs they make that are generic varieties of brand-name medications.

Attorney Mike Brock, representing the drug manufacturer Allergan Finance, said his client did not contribute to the opioid crisis because Allergan did not own the rights to the painkiller Kadian until late 2009, and that sales in New York state were so minuscule that they did not contribute to the epidemic.

"Too late, too little," Brock said.

Other defense lawyers, meanwhile, shared documents with the jury that they said showed government agencies — including Suffolk County and New York State — aggressively promoting opioids for pain treatment.

Defense attorney Jim Schmidt, representing the drug distributor McKesson, showed the jury a passage from the 2019 Suffolk Heroin and Opioid Epidemic Advisory Panel that said doctors who wrote inappropriate prescriptions bore responsibility for the crisis.

"You should not be reluctant to seek pain relief because of fear of addiction," a 2012 New York State document Patterson shared with the jury said.

Hunter Shkolnik, an attorney representing Nassau County in the case, said the plaintiffs were not surprised that lawyers for the opioid makers and distributors blamed "everybody but themselves."

He said the defendants are attempting to confuse the jury. "This is not everybody else’s fault," he said. "They are big players in this tragedy."