Texas opioid MDL judge grants motion to sever Purdue Pharma – distributors to file motion to reconsider
HOUSTON – The “implications” of Purdue Pharma declaring bankruptcy are “vast” and time is needed to study the impact – that was the unsuccessful argument presented by distributor defendants during a recent hearing.
Dozens upon dozens of Texas governmental entitles have filed opioid suits, with most being ushered into a state MDL in Harris County.
On Sept. 20, a status conference hearing was held in Judge Robert Schaffer’s 152nd District Court, during which he granted a motion to sever Purdue.
Last Sunday, Purdue, one of the primary targets of opioid litigation, filed for Chapter 11 bankruptcy.
The following day, a plaintiff in the Texas MDL, Hidalgo County, filed a motion to sever Purdue from the litigation.
“Johnson & Johnson, also a Defendant to this lawsuit, has previously taken advantage of the bankruptcy of a codefendant to fraudulently remove 2,400 talcum powder cases to federal court on the basis that they were ‘related to’ the codefendant’s bankruptcy…” states Hidalgo County’s motion.
“Even though … federal district judges refused to ‘reward’ Johnson & Johnson’s ‘patent forum shopping,’ … the company successfully delayed talcum powder litigation for months.”
During the hearing, only the distributor defendants objected to the motion, arguing that that the “implications” of Purdue’s bankruptcy are “vast” and at least two weeks were needed to study the impact.
Attorneys for the plaintiffs responded by arguing that bankruptcy moves fast.
Judge Schaffer was not unsympathetic to the distributors, saying they’ve only had five days to respond to the motion, but ultimately decided that it was more important to keep the MDL moving forward.
“I want to move this case along,” Schaffer said. “You all have been here for over a year now and that’s not satisfactory.”
It was suggested to the distributors that they file a motion to reconsider -- an idea they seemed to take into consideration.
Schaffer told the distributors he would hear their motion to reconsider at the next status conference and give it “full consideration.”
An order setting the case for trial was also entered into the record during the hearing, setting Dallas County for jury trial in October 2020 with Bexar County as the back up.
Cause No. 2018-63587