Opioid Litigation

Simmons Hanly Conroy is the most qualified law firm in the country to undertake opioid litigation on behalf of governmental entities and institutions. The firm effectively invented large-scale, multi-defendant opioid litigation and has not stepped away from the frontlines of this litigation since.

Learn more about our involvement in opioid litigation over the years in the timeline below.

2003-2006: Initial Lawsuit Against Purdue for OxyContin

When the firm led the crusade in 2003, we held Purdue Pharma LLP and Abbott Laboratories, Inc., accountable for damages suffered by more than 5,000 clients prescribed the prescription opioid OxyContin.

Following a three-plus-year battle that included the firm separately filing more than 1,200 cases in various courts across the country, Purdue Pharma settled all 5,000-plus of the clients’ claims.

Evidence the firm uncovered during discovery proved the full extent of Purdue’s criminality. It was subpoenaed by the U.S. Department of Justice and used in its prosecution of Purdue and its executives, leading to a fine of more than $600 million. Several executives also pleaded guilty to misbranding violations and had to personally pay millions of dollars in fines.

July 2014: Simmons Firm Merges with Hanly Conroy

After Simmons and Hanly Conroy had been co-counsel partners for over a decade, the two law firms of Simmons Browder Gianaris Angelides & Barnerd LLC and Hanly Conroy Bierstein Sheridan Fisher & Hayes LLP merged in July 2014, becoming Simmons Hanly Conroy.

“Twenty years ago, Hanly Conroy reached out to John Simmons for assistance in thousands of cases brought around the country against Purdue Pharma on behalf of victims,” said Named Partner Jayne Conroy. “The case was successful, and the firms worked together well and embarked on several more mass tort joint ventures. In 2014, the firms formally merged and opioids soon again became a focus of our litigation.”

August 2016: Suffolk County, NY Lawsuit Against Drug Companies Over Opioid Epidemic

With Named Partner Paul Hanly serving as lead counsel for Suffolk County, Simmons Hanly Conroy filed a lawsuit against opioid manufacturers and distributors for their aggressive and fraudulent marketing of prescription opioids, which contributed to the drug epidemic in this country.

“Drug companies have manufactured, promoted and marketed opioids as pain relievers by misrepresenting or omitting key information about the appropriate uses, risks and safety of the drugs,” Hanly said. “The defendants in this case have long known about the addictive qualities and other risks associated with prolonged use of opioids, and they must be held accountable for the misrepresentations and the harms to society as a result.”

January 2018: Named Partner Paul Hanly Appointed Co-Lead in Federal Opioid Litigation

A federal judge appointed Named Partner Paul Hanly as co-lead counsel in the national multidistrict litigation pending against pharmaceutical companies, including manufacturers, distributors and retail pharmacies,  involved in the marketing of prescription opioid painkillers.

Because of his extensive experience in litigation against opioid manufacturers, Hanly worked with his two co-lead counsels to manage the federal litigation and oversee nearly 100 other law firms representing plaintiffs in more than 200 docketed opioid cases.

“I am honored to have been appointed by Judge Polster to such a significant position in this litigation, which involves so many issues that are critical to the public health of our communities nationwide,” said Hanly.  “It is vital we hold the pharmaceutical companies accountable for their roles in the nation’s ongoing drug crisis and epidemic.”

August 2019: Named Partner Jayne Conroy Appointed Co-Lead of Negotiation Class in Federal Opioid Litigation

Because of her “significant and impressive experience in leadership roles in mass tort MDLs,” U.S. District Court Judge Dan Aaron Polster of the Northern District of Ohio appointed Named Partner Jayne Conroy interim co-lead counsel for a proposed negotiation class in the national multidistrict litigation pending against pharmaceutical companies involved in the marketing of prescription opioid painkillers.

In this role, Conroy will represent the class of American communities that seeks to reach nationwide opioid settlements with defendants in the litigation.

“I am honored to have been appointed to such a significant position in this critical litigation,” Conroy said. “Every day counts in the lives of the victims of the opioid crisis, and I look forward to beginning my service immediately.”

September 2019: Judge Approves Negotiation Class for Over 34,000 American Communities

Federal Judge Dan Aaron Polster of the Northern District of Ohio certified an “innovative” negotiation class that includes over 34,000 cities and counties across the U.S. seeking reimbursement for funds they have expended and continue to expend in relation to the opioid crisis.

Judge Polster also appointed Named Partner Jayne Conroy as co-lead counsel of the class. Both co-leads and the class counsel have the authority to negotiate settlements with the 13 pharmaceutical manufacturers, distributors and pharmacies named in the federal opioid multidistrict litigation.

“Today’s decision clears the way for all towns, cities, and counties in our country to not only negotiate with the opioid industry but to use their joint bargaining power to secure the resources they need to fund addiction, recovery, and prevention efforts in their own neighborhoods,” said Conroy and co-lead Christopher Seeger.

October 2019: First Opioid Bellwether Trial Resolves for $325 Million in Total Settlements

Co-lead counsels, including Named Partner Paul Hanly, negotiated $325 million in total opioid settlements on behalf of Cuyahoga and Summit counties in Ohio. The settlements avoided what would have been the first trial in the opioid multidistrict litigation.

The defendants included:

• Allergan
• AmerisourceBergen Drug Corp.
• Cardinal Health Inc.
• Endo Pharmaceuticals, Inc.
• Henry Schein, Inc.
• Johnson & Johnson
• Mallinckrodt Pharmaceuticals
• McKesson Corp.
• Teva Pharmaceutical Industries Ltd.

“This hard-fought victory for these two counties is just the first step in what we hope will be the ultimate resolution of the largest public health crisis in recent memory,” said Hanly. “These companies now must accept full responsibility and do something significant to clean up the horrific mess they caused in communities across the country.”

November 2020: $26 Billion Global Settlement Reached in National Prescription Opiates MDL

After more than a year of negotiation, four major opioid distributors and manufacturers agreed to a $26 billion settlement as part of the ongoing national prescription opiates multidistrict litigation (MDL). These drug companies included McKesson Corp., Cardinal Health Inc., AmerisourceBergen Drug Corp. and Johnson & Johnson.

Named Partner Paul Hanly negotiated the deal with PEC co-leads Joe Rice (of Motley Rice) and Paul Farrell (of Farrell Law). The MDL represents local governments across the country that allege drug companies contributed to the opioid crisis by carelessly promoting painkillers and downplaying the risks of addiction.

“Our biggest win was an acknowledgment, through settlement, that distributors — and not just the more often cited Purdue Pharma — are also responsible for the opioid epidemic,” said Named Partner Jayne Conroy. “We owe it to our clients, here the municipal subdivisions who work daily to abate the epidemic, to identify and expose the liability of less well-known opioid industry participants.”

As Named Partner Paul Hanly noted, “This settlement will get needed funds to communities now, without waiting for lengthy and numerous trials across the country. It represents a significant step toward making reparations on behalf of these four companies, but there is still much more work to do as we continue ensuring drug companies take full responsibility and clean up the mess they made of American communities and lives.”

June 2021: First Opioid Jury Trial Begins in the State of New York

On June 28, opening statements in the New York opioid trial began, with Named Partner Jayne Conroy representing plaintiffs in Suffolk County. This marks the first opioid case in the United States to be heard before a jury, who will collectively determine the outcome of the trial.

“We are going to be able to, for the first time, give our story to the jury of what has happened over the last two decades with respect to the promotion, the marketing of opioids, and the distribution of opioids that has created this massive flood throughout all our communities in the country,” said Named Partner Jayne Conroy. “We are starting here because the problem is terrible in Suffolk County, in Nassau County and the State of New York.”

July 2021: Suffolk County Approves $230 Million Johnson & Johnson Opioid Settlement

Suffolk County and Nassau County general legislatures approved a $230 million settlement with Johnson & Johnson as part of the ongoing consolidated opioid litigation in New York State. In addition to the settlement, the pharmaceutical manufacturer vowed to completely exit the opioid business as well.

“We are once again pleased to announce another major settlement with one of the manufacturers that played such a major role in creating the opioid crisis here in New York State and across the country,” said Named Partner Jayne Conroy, lead counsel for Suffolk County.

“Bringing these companies to the table through the litigation process is crucial to holding them accountable for their role in the opioid crisis,” she added. “We remain focused on the landmark trial that continues in New York State as we continue to show the public just how serious of a crisis the defendants have created.”

After this settlement, the remaining defendants in the opioid trial in New York include the:

• Drug manufacturers Allergan, Teva and Endo
• Distributors McKesson, AmerisourceBergen, Cardinal Health and Anda

The New York State opioid case is in its early stages now and is expected to take 3-4 months. During this time, the jury will hear from dozens of witnesses including the county medical examiner, doctors, addiction experts and more.

July 2021: Big 3 Drug Distributors Reach $1.2 Billion Settlement With New York State

During the third week of the ongoing New York State opioid trial, the three largest U.S. drug distributors — McKesson Corporation, Cardinal Health Inc. and AmerisourceBergen Drug Corporation — agreed mid-trial to settle with New York State, including both Suffolk and Nassau County.

If approved by the state and county legislatures, the opioid settlement agreement will require the three pharmaceutical companies to pay a combined $1.18 billion over the next 17 years.

Named Partner Jayne Conroy, who is representing Suffolk County in the opioid trial, said, “Settlements at these levels help deliver resources to communities in an expeditious manner. This settlement will help directly fund addiction prevention, education and treatment programs that are so critical to the recovery of our families and communities.”

“Bringing these companies to the table through the litigation process is crucial to holding them accountable for their role in the opioid crisis,” she continued.

September 2021: Drug Manufacturer Endo Pharmaceuticals Agrees to $50 Million Opioid Settlement

On September 9, 2021, defendant Endo International Pharmaceuticals and its subsidiaries settled with New York State as well as Suffolk and Nassau Counties for $50 million.

Suffolk and Nassau Counties will each receive $13.85 million in combined opioid settlements from Endo and its subsidiary Par Pharmaceuticals, Inc. The New York State Attorney General’s Office will receive a total of $22.3 million, which will then be distributed across the state to help combat the ongoing opioid crisis.

“Securing meaningful settlements with Endo and Par is another massive victory for Suffolk County and its residents, who have spent decades dealing with the impact and subsequent fallout of the opioid crisis,” said Named Partner Jayne Conroy, who serves as both lead counsel for Suffolk County and co-lead counsel in the national opioid MDL.

“While we are pleased with this result and what it means for the communities in Suffolk County, we are still focused on the remaining defendants in this crucially important trial,” she added.

The New York State trial is expected to continue in the following months with the remaining defendants:

• Allergan Finance (a subsidiary of AbbVie Inc.)
• Anda, Inc.
• Teva Pharmaceutical Industries Ltd.

November 2021: First Jury Verdict Holds Pharmacy Chains Responsible for Opioid Epidemic

In the National Prescription Opiate Litigation (NPOL), a federal jury held pharmacy chains CVS, Walgreens and Wal-Mart responsible for their role in the devastation caused by the opioid epidemic in the Ohio counties of Lake and Trumbull.

The jury found that, as both distributors and dispensers of opioids, the defendants had recklessly distributed massive amounts of pain pills in the two counties and contributed to creating a public nuisance. This is the first jury verdict in an opioid case nationwide.

“The jury verdict sends a strong message to these giant pharmacy companies that the American public expects them to fulfill their obligations as good corporate citizens. When companies put profits over people’s lives, they will be held accountable,” said Named Partner Jayne Conroy who serves as Co-lead of the Plaintiffs’ Executive Committee that leads the NPOL.

The NPOL is broken up into several different tracks of bellwether trials. This case is the third bellwether trial. The first bellwether trial settled for $325 million on the eve of trial back in 2019. In the second bellwether trial, both parties have rested and are waiting on the judge’s liability decision.

The trial lasted two months, and the jury deliberated for six days. A hearing to determine the defendants’ financial responsibility should occur in May 2022.

December 2021: Former Opioid Manufacturer Allergan Agrees to $200 Million Settlement

Simmons Hanly Conroy, counsel for Suffolk County, and Napoli Shkolnik PLLC, counsel for Nassau County, announced today that they, working alongside the New York State Attorney General’s Office, have secured a $200 million settlement with former opioid manufacturer Allergan as part of the ongoing consolidated opiate litigation in New York State.

“To secure a settlement of this size at this stage in the trial is a huge victory for Suffolk County and communities throughout New York State,” said Named Partner Jayne Conroy, lead counsel for Suffolk County and co-lead counsel in the national prescription opioid multidistrict litigation (MDL).

This settlement was reached just before closing arguments were slated to begin in the case and brings the total settlement amount to over $1.7 billion so far. Opioid manufacturer Teva Pharmaceuticals USA, Inc., its affiliates and opioid distributor Anda Inc. are the only remaining defendants in the New York State opioid trial.

The New York State court case is independent from the National Prescription Opiate Litigation (NPOL), formed in December 2017, in which federal opioid cases brought by over 3,000 American cities, towns, counties and more are consolidated before Hon. Dan Polster of the U.S. District Court for the Northern District of Ohio.

December 2021: New York State Jury Finds Teva and Anda Liable for Opioid Epidemic

On December 30, the jury reached a historic verdict in the landmark New York State opioid trial, finding the defendants — opioid manufacturer Teva and distributor Anda — liable for fueling the opioid epidemic in Suffolk County, Nassau County and New York State.

The jury found defendants responsible for creating and perpetuating the opioid epidemic by unleashing a flood of opioids on New York communities. This was the first case to be heard in front of a state jury, and the ruling represents the culmination of several years of litigation and preparation by Suffolk County, Nassau County, and New York state.

The court will move onto the damages phase to determine the extent of liability. The funds will support opioid abatement strategies like community outreach and education, treatment programs, and provider education in an effort to pursue long-term reforms in corporate governance to prevent further harm to communities.

Simmons Hanly Conroy is regarded as an authority on opioid litigation and is often looked to for guidance in navigating the issue by respected news publications and other media. Partner Jayne Conroy is regularly contacted for her expertise and asked to participate in several panel discussions, conferences and webinars about opioid litigation — as was Partner Paul Hanly until his passing in 2021.

Here are a few of the publications that have covered Paul and Jayne’s work in opioid litigation:

• “Meet the Manhattan Attorney Leading Local Governments’ Lawsuits Against Big Pharma” – Crain’s New York
• “Meet the Plaintiffs Lawyers Signing on to Help Gov’ts Sue Big Pharma Over Opioid Epidemic” – Corporate Counsel
• “Lawyers Hope to Do to Opioid Makers What They Did to Big Tobacco” – Wall Street Journal
• “How Big Tobacco-Style Marketing Propels U.S. Opioid Crisis – and Powers $400B Pharma Industry” – New York Daily News
• “Lawyer Fights for Towns Paying Toll in Opioid Epidemic” – Cape Cod Times
• “Bloomberg Looks to Paul Hanly for Thoughts on Trump’s Declaration Regarding Opioids” – Bloomberg
• “CBS Interviews Partner Paul Hanly about $260M Opioid Settlement” – CBS News and CBS This Morning
• “Partner Paul Hanly Reacts on CNN, NPR, Sirius Regarding $572M OK Opioid Verdict” – CNN, NPR and Sirius Radio
• “Opioid makers, distributors go on trial in New York” – AP News
• “Major Trial Against Opioid Suppliers Begins in New York” – The New York Times
• “Dose of Reality: New York opioid trial targets drug companies after historic settlement” – CBS News
• “First Opioid Jury Trial Marks High-Stakes Test for Drug Industry” – Bloomberg Business
• “New York Opioid Trial Opens With Emails Joking About Epidemic” – The Wall Street Journal