The order by U.S. District Judge Dan Polster in Cleveland, Ohio, came
as distributors McKesson Corp, Cardinal Health Inc, AmerisourceBergen
Corp and Israel-based drugmaker
Teva Pharmaceutical Industries Ltd moved to reach a deal ahead of a trial before him that begins on Monday.
Those companies, along with Johnson & Johnson, have been
negotiating a settlement they value at roughly $50 billion that would
allow them to resolve 2,600 lawsuits nationally by largely states and
localities, people familiar with the matter said.
All of those companies except J&J are set to be defendants in the
trial before Polster, who oversees the bulk of the litigation. Polster
has pushed for a deal that could “do something meaningful to abate this
crisis.”
The companies have been discussing the settlement with four state
attorneys general whose cases are not before Polster, sources told
Reuters on Wednesday. Lawyers for the local governments say they have
not decided whether to back it.
Under the proposal, McKesson, AmerisourceBergen and Cardinal Health
would pay $18 billion over 18 years and J&J would pay $4 billion,
according to two people familiar with the matter.
Teva has offered to give away medications it values at $15 billion as
part of an overall deal it values at roughly $28 million under which it
would also provide distribution services, the people said.
Spokespeople for Cardinal CEO Michael Kaufmann and AmerisourceBergen
CEO Steven Collis declined to say if they would be in Cleveland on
Friday. Representatives Teva CEO Kare Schultz and McKesson CEO Brian
Tyler did not respond questions of whether they would be in court.
Opioids were responsible for roughly 400,000 overdose deaths in the
United States from 1999 to 2017, according to the U.S. Centers for
Disease Control and Prevention.
The lawsuits accuse drug manufacturers of deceptively marketing
opioids in ways that downplayed their risks, and drug distributors of
failing to detect and halt suspicious orders. They deny wrongdoing.
The cases prompted OxyContin maker Purdue Pharma LP to file for
bankruptcy protection in September after reaching a tentative deal it
says is worth at least $10 billion to resolve the cases.