Judge denies many untimely filed plaintiffs’ documents in opioid trial

A judge denied multiple requests from the plaintiffs to admit untimely filed documents Tuesday as four drug companies prepared to present their defense in a $50 billion bench trial in Orange County.

They are accused of false advertising that fueled California's opioid epidemic.

Since the trial began in April, Orange County Superior Court Judge Peter Wilson has repeatedly expressed discontent over the amount of court time wasted due to document disputes.

"At various times, I have stressed to the parties that I would not like to go backwards ... to issues raised about exhibits," Wilson said Tuesday before denying the state plaintiffs' request to admit a large number of documents filed after what appeared to be the conclusion of their case in chief last week.

At one point Wilson denied the people's request to admit the testimony of a witness who was not listed as a "will call" or "may call" on their witness list.

"I will say this only once: It is not an accurate statement that the people are not seeking to call further witnesses. ... Every time the court is asked to look at a new document, that would in effect be introducing witness testimony," Wilson said.

With hundreds of people listening in daily, California's case against Teva Pharmaceuticals, Endo Pharmaceuticals Inc., Allergan PLC, and Johnson & Johnson subsidiary Janssen Pharmaceuticals Inc. has progressed fitfully. With a heavy application of sustained objections, defense attorneys have all but stifled the state's ability to admit documents into evidence and question what it considers key witnesses. People v. Purdue Pharma et al., 14-00725287 (Orange Super. Ct., led May 21, 2014).

For example, the trial was halted last month when Wilson suspended testimony of a medical marketing expert after Rhode Island attorney Fidelma L. Fitzpatrick of Motley Rice LLC, who represents the people, tried but failed to admit marketing materials she said the defense knew were authentic.

"They know this is authentic, they know it is a business record and they are using games to keep relevant evidence out of this case," Fitzpatrick told Wilson. "Your honor, I'm sure you can tell I am a bit frustrated."

The outcome of the case, being tried remotely, will likely affect thousands of settlements in lawsuits filed nationwide by states and municipalities that claim Purdue Pharma, also a named defendant in the Orange County case, and other opioid producers fueled an opioid crisis by marketing drugs as safe and effective pain treatments while downplaying the risk of addiction.

Some of the drug company defendants have faced a string of legal defeats in the last couple of months.

A federal bankruptcy judge in New York cleared the way last week for a bankruptcy plan that would have Purdue's founders, the Sackler family, worth $11 billion, pay $4.5 billion into a settlement that would free them from existing and future opioid litigation nationwide. However at least 24 state attorneys general have objected to the plan, calling it unjust.

In April, a judge in Kingsport, Tennessee ordered a $2.4 billion default judgment against Endo in an opioid trial, after the judge found defense counsel engaged in a "coordinated strategy ... to interfere with the administration of justice," and conceal or suppress discoverable evidence. The case was brought on behalf of a baby born addicted to opioids due to the mother being addicted to opioids while pregnant. Endo defendants. Staubus v. Purdue Pharma, L.P., C-41916.

Of the similar opioid actions ongoing in a multidistrict litigation in Ohio, a federal lawsuit in Northern California and the state lawsuits in Los Angeles and Orange counties, the Orange County action is the most developed.

Arguing for the people in Orange County are the Santa Clara County Counsel's Office, Orange County district attorney's office, and the Los Angeles County Counsel's Office. In addition to civil penalties, the plaintiffs seek $50 billion in funds to abate the opioid crisis in the plaintiff counties and city, according to attorneys involved in the suit.