For more information, please contact The Ahearne Law Firm, PLLC for an initial consultation and case evaluation. Call nationwide at (845) 763-4100.
According to the New York Law Journal, New York counties that are suing opioid manufacturers and distributors in state court are being allowed to proceed with discovery despite a pending motion to dismiss filed by the defendants, which plaintiffs say will help them fight opioid abuse while the case moves forward.
In New York, discovery is automatically stayed while a motion to dismiss is pending, but Suffolk County Supreme Court Justice Jerry Garguilo took the uncommon step of allowing discovery to proceed while the defendants’ motions to dismiss are set to proceed to oral arguments. Plaintiffs are taking on opioid manufacturers and distributors on multiple fronts, with governmental units such as the state of New Jersey and the city of Seattle filing in state courts, while others have joined in federal multidistrict litigation.
In the New York case, in which several counties’ suits have been consolidated in a Suffolk County Supreme Court, the plaintiff counties seek supply-chain data on prescription opioid distribution in New York, which they say could help communities impacted by opioid abuse take swift action while the litigation progresses. Plaintiffs argued that the requested materials are needed not only to help them prepare their case, but also that the information could “save lives” and give the counties a “much-need lifeline” to control the flow of opioids within their borders. “The opioid crisis is getting worse and this type of information can assist plaintiffs in controlling this epidemic,” Napoli wrote.
According to the New York State Department of Health, there were 1,478 overdose deaths involving prescription opioids and fentanyl in New York, excluding the five counties located within New York City, in 2016. Pushing back against the request, the defendants argued that the discovery request was “overbroad” and would place an unwarranted burden on the defendant, and that the plaintiffs’ argument that the requested discovery materials are needed to save lives was “vague, unsupported and demonstrably false.”.
In a brief order issued on January 12th granting a lift of the stay, Justice Garguilo said he concurred with U.S. District Judge Dan Polster of the Northern District of Ohio, who presides over the federal multidistrict litigation, that people are not interested in trials, discovery or “figuring out the answer to interesting legal questions like pre-emptions and learned intermediary” and that issues raised by all sides in the case should be put on a “fast track.”
Orange County Forum on Battling Opioid Epidemic
As reported in the Times Herald-Record, a forum Saturday in Newburgh focusing on combating the opioid epidemic in New York will feature representatives from a wide variety of organizations involved in battling opioid abuse and death, and Lauren Mandel, a nurse from Newburgh who lost her son, Zane, to opioid addiction last year.
The forum, “Opioids and the Quest to Save Lives,” is set for 2 p.m. to 5 p.m. at the Newburgh Armory Unity Center. It will include community leaders, educators and medical professionals, who will be discussing measures to combat the opioid epidemic in New York.
In 2015, there were 18.3 opioid-related deaths per 100,000 Orange County residents, according to figures provided by Assemblyman Frank Skartados D-Milton. Skartados, who will be participating in the forum, also said the opioid epidemic has led to a drop in life expectancy nationwide for the second year in a row.
Panelists at the forum will cover a number of topics about the opiod crisis, including drug dependence, prevention, and resources available for those struggling with addiction.
The Newburgh Armory Unity Center is located at 321 St. William St. in the City of Newburgh.