Opioid Litigation in 2025: A New Chapter in the Fight for Justice

America’s opioid crisis continues to cast a long shadow as we enter 2025, but a new chapter in the fight for justice is unfolding. Recent changes in opioid lawsuits are making a difference. These changes bring new challenges but also new chances to hold companies accountable and help communities heal. Here are some of the latest developments:

  • Large companies are agreeing to pay billions to settle lawsuits.
  • New types of lawsuits are being initiated.
  • Better ways to prevent and treat addiction are being discovered.

There is a feeling that we are making progress, but there’s still a long way to go. We need to keep working to fix the damage caused by opioid addiction.

At Powell & Majestro, P.L.L.C., we’ve been fighting hard for people affected by the opioid crisis for several years. We’ve helped secure large settlements and we know how to take on the large entities that have contributed to this crisis. If you think you might need help with an opioid case, give us a call at (800) 650-2889. We’re here to listen and help you understand your options.

The Ongoing Impact of the Opioid Epidemic

The opioid crisis has left an indelible mark on American society, claiming nearly half a million lives and affecting countless communities across the nation. According to historical data from the Substance Abuse and Mental Health Services Administration (SAMHSA), millions of Americans have misused prescription opioids, with many suffering from opioid use disorder. As the crisis has progressed, many individuals turned to illicit opioids like heroin when unable to obtain prescription drugs, further exacerbating the problem.

The economic burden of this epidemic is significant, with the Centers for Disease Control and Prevention (CDC) estimating tens of billions of dollars in financial impact due to prescription opioid misuse. This includes healthcare costs, lost productivity, addiction treatment, and criminal justice expenses.

Some of the most devastating effects of opioid addiction include:

  • Tragic loss of life due to overdoses.
  • Increased rates of neonatal abstinence syndrome.
  • Strain on community resources and services.
  • Devastating effects on families and social structures.

Recent Settlements and Their Impact

The past year has seen significant progress in holding pharmaceutical companies accountable for their role in the opioid crisis. Several major settlements have been reached, providing essential funds for addiction treatment, prevention, and community recovery efforts.

  • Johnson & Johnson and Distributors’ Global Settlement: The $26 billion global settlement with Johnson & Johnson and major distributors (AmerisourceBergen, Cardinal Health, and McKesson) is now in full swing. Communities across the country are beginning to see tangible benefits from these funds, which are being allocated to various programs aimed at combating the opioid crisis.
  • Walgreens’ Settlement with Baltimore: Walgreens reached a settlement with the City of Baltimore, contributing to the city’s total recoveries from opioid defendants. This settlement has set a precedent, inspiring other cities to pursue similar agreements with pharmacy chains.

Other Significant Settlements

  • Endo International committed to paying $465 million to U.S. states as part of its bankruptcy proceedings.
  • Publicis Health agreed to a $350 million settlement related to its marketing practices for Purdue Pharma’s opioids.
  • CVS, Walgreens, and Walmart have settled for significant amounts, though specifics have not all been disclosed.

Legal Precedents Shaping Future Cases

The U.S. Supreme Court’s rejection of the $6 billion Purdue Pharma settlement that would have shielded the Sackler family from civil lawsuits has forced parties back to the negotiating table. This decision has far-reaching implications for how future settlements may be structured, particularly in cases involving complex corporate structures and individual liability.

Emerging Fronts in Opioid Litigation

As the legal landscape evolves, new areas of focus are gaining traction in opioid-related lawsuits. These include:

  • Suboxone Tooth Decay MDL: A multidistrict litigation (MDL) has been established for Suboxone tooth decay lawsuits. This litigation highlights the ongoing health consequences of opioid addiction treatment and the potential liabilities faced by pharmaceutical companies.
  • Increased Scrutiny of Pharmacy Benefit Managers (PBMs): There is growing attention on the role of pharmacy benefit managers in the opioid crisis. The MDL has identified two cases to act as bellwethers to address their role in the distribution of opioids. State AGs and other governmental entities around the country have been filing cases against the PBMs. In West Virginia, a vast majority of the counties, cities, and towns have filed a combined lawsuit against the PBMs in the Northern District of West Virginia – Ohio County Commission, et al v. Express Scripts, Inc., et al, Civil Action Number 5:24-CV-142. It is anticipated that the remaining counties, cities, and towns will be joining the litigation. Our firm played a key role in drafting the successful opposition to the Defendants’ Combined Motion to Dismiss.
  • NAS Baby Cases: Litigation continues on behalf of children suffering from the effects of Neonatal Abstinence Syndrome as a result of opioid exposure during pregnancy. Our firm, along with others, is involved in two lawsuits on behalf of children devastated by the opioid crisis. As part of the national MDL, a lawsuit against McKinsey & Co. is pending in the Northern District of California. McKinsey recently entered into a $650 million settlement and five-year deferred prosecution agreement with the U.S. Department of Justice to resolve criminal charges related to its marketing of painkillers that resulted in the nation’s opioid epidemic. We also continue to pursue justice on behalf of the hundreds of West Virginia children who are suffering from NAS in a case pending in West Virginia’s Mass Litigation Panel. McKinsey is also one of the defendants in the West Virginia litigation.

If someone you love is suffering from NAS, our firm right away to discuss the case and review your legal options.

Positive Trends in Public Health

Amidst the ongoing legal battles, there are encouraging signs of progress in addressing the opioid crisis:

  • Opioid overdose deaths have shown some signs of a downward trend over the past few years.
  • Increased availability of naloxone and innovative prevention programs are showing promising results in communities nationwide.
  • There’s a growing focus on ensuring that settlement funds are used effectively for long-term addiction prevention and treatment.

The Future of Opioid Litigation

As we progress through 2025, the state of the current opioid litigation remains dynamic. Legal professionals are adapting their strategies to address new challenges and opportunities:

  • Increased collaboration between legal teams and public health experts is leading to more comprehensive approaches to litigation and settlement negotiations.
  • New legal theories are being developed to address the changing tactics of pharmaceutical companies and other entities in the opioid supply chain.
  • There’s a growing emphasis on holding pharmacy benefit managers accountable for their role in the crisis.

The Importance of Experienced Legal Representation

In this complex environment, the importance of experienced legal representation cannot be overstated. Firms with a track record in opioid litigation success bring several advantages to the table, such as:

  • Extensive experience in developing and defending key legal theories in opioid litigation.
  • Representation in multidistrict litigation and settlement negotiations.
  • Proven ability to secure substantial compensation for clients.
  • Deep understanding of the complexities of the opioid crisis and its impact on communities.

Forging Ahead: Accountability, Recovery, and Hope in the Opioid Crisis

The ongoing legal battles and settlements represent a new era of accountability for those responsible for the opioid crisis. While significant progress has been made, there is still much work to be done to address the continuing impact of the epidemic and prevent future crises.

For individuals, communities, and government entities affected by the opioid crisis, seeking experienced legal counsel remains essential. As the legal environment continues to shift, having knowledgeable advocates who can navigate these complex waters is more important than ever.

If you or your community has been affected by the opioid epidemic, don’t wait to seek justice. Contact Powell & Majestro, P.L.L.C. today at (800) 650-2889 for a free consultation and learn how our experienced team can fight for your legal rights.

TikTok in the Crosshairs: Multi-State Legal Challenge Alleges Damage to Children’s Mental Health

In recent years, TikTok has surged in popularity, becoming a primary source of entertainment and communication for millions of youths worldwide. However, as its user base expands, a concerning narrative has emerged, one that highlights the adverse effects of TikTok on children’s mental health. Recently, fourteen state attorneys general filed individual lawsuits against the platform, alleging that TikTok’s design and algorithm are contributing to a mental health crisis among young users.

The Legal Landscape

A coalition of 14 state attorneys general, spearheaded by California and New York, has undertaken significant legal actions against TikTok. These lawsuits, filed independently across several states, assert that TikTok has misled the public about the safety of its platform for children. This widespread action stems from a national investigation initiated in March 2022, revealing a strong bipartisan effort to protect youth amidst growing concerns about the platform’s influence and addictive nature.

The attorneys general involved in this legal challenge include those from California, Illinois, Kentucky, Louisiana, Massachusetts, Mississippi, New Jersey, New York, North Carolina, Oregon, South Carolina, Vermont, Washington, and the District of Columbia. Each attorney general has filed a lawsuit in their own jurisdiction, emphasizing the widespread concern about TikTok’s impact on young users across the nation.

Key Allegations Against TikTok

The core allegations against TikTok revolve around its misrepresentation of safety and the addictive features that may harm young users. The lawsuits claim that TikTok’s algorithm fosters a dangerous addiction by continuously recommending content without giving users a chance to disengage. Additionally, many features, such as notifications and auto-play, have been criticized for encouraging excessive usage and disturbing sleep patterns.

Addictive Design Features

At the heart of each lawsuit is the TikTok algorithm, which powers what users see on the platform by populating the app’s main ‘For You’ feed with content tailored to people’s interests. The District of Columbia called the algorithm “dopamine-inducing,” and said it was created to be intentionally “addictive” so the company could trap many young users into excessive use and keep them on its app for hours on end.

Mental Health Impacts

The lawsuits argue that TikTok’s design leads to profound psychological and physiological harms, such as anxiety, depression, body dysmorphia, and other long-lasting problems. District of Columbia Attorney General Brian Schwalb stated, “It is profiting off the fact that it’s addicting young people to its platform.”

Viral Challenges and Safety Concerns

Furthermore, the viral “challenges” circulating on TikTok have allegedly resulted in harmful actions and even injuries among users. The lawsuits emphasize that these challenges often encourage users to participate in dangerous activities, putting their physical safety at risk.

The Science Behind the Claims against TikTok

Numerous studies have explored the correlation between social media use and adolescent mental health issues. According to a recent CDC report, frequent social media usage increases the risks of feelings of sadness, anxiety, and even suicidal thoughts among teens. Approximately 75% of high school students report frequent use of social media, with over 30% using these platforms multiple times an hour.

Expert opinions highlight that addictive algorithm designs play a significant role in worsening mental health outcomes for adolescents. A systematic review found that the use of social networking sites is associated with an increased risk of depression, anxiety, and psychological distress. This association is particularly strong in adolescents compared to younger children.

TikTok’s Defense and Response

In response to the escalating legal challenges, TikTok maintains that it prioritizes safety and users’ wellbeing. The company argues that its platform offers various safety features and resources to protect its younger audience. A TikTok spokesperson stated, “We strongly disagree with these claims, many of which we believe to be inaccurate and misleading. We’re proud of and remain deeply committed to the work we’ve done to protect teens and we will continue to update and improve our product.”

TikTok claims to implement robust safeguards, proactively remove suspected underage users, and voluntarily launch safety features such as default screentime limits, family pairing, and privacy by default for minors under 16. However, these claims have faced skepticism as experts continue to question the effectiveness of such measures amidst rising mental health concerns attributed to the app.

Potential Outcomes and Implications

The outcomes of these lawsuits could result in substantial changes for TikTok, including potential financial penalties and required modifications to its platform. If successful, these legal actions could pave the way for stricter regulations concerning social media platforms, especially those targeting children.

Financial Penalties and Platform Modifications

The lawsuits demand financial penalties against TikTok, including a requirement for the platform to reimburse any profits gained from advertisements aimed at teenagers or pre-teens. This could potentially lead to significant financial repercussions for the company, which reportedly generated $16 billion in revenue from the U.S. in 2023.

Regulatory Changes

This critical juncture may force TikTok and similar companies to revisit their user engagement strategies and implement comprehensive safety measures. The legal actions could signal a shift toward more rigorous social media regulations, with calls for transparency and tighter controls over user data and safety features shaping the future landscape of digital platforms.

The Bigger Picture: Social Media and Youth Mental Health

The lawsuits against TikTok encapsulate broader concerns regarding the rising mental health crisis among youth. Social media’s impact on adolescents continues to be scrutinized, with studies indicating that platforms designed for engagement can inadvertently promote feelings of isolation and anxiety.

Broader Mental Health Concerns

The CDC’s Youth Risk Behavior Survey found that nearly one-third of students reported experiencing poor mental health most of the time or always in the month preceding the survey, with more than a third indicating they felt persistent sadness or hopelessness for two weeks or more in the past year. These findings underscore the urgency of addressing the potential negative impacts of social media on youth mental health.

Social Media Addiction and Mental Health

Research has shown that children and adolescents who spend more than three hours a day on social media double their risk of mental health problems, including depression and anxiety. The constant exposure to filtered and altered reality can distort a young person’s self-image and expectations of life, leading to feelings of inadequacy and low self-esteem.

The Role of Parents and Educators

Amidst growing concerns about children’s safety online, the role of parents and educators becomes increasingly vital. Promoting digital literacy, monitoring usage, and fostering open conversations about online behavior can empower youth to navigate social media responsibly.

Parents can monitor their children’s social media usage and encourage a balance between virtual and in-person activities. Taking steps to get kids involved in community events and activities can help mitigate the negative impacts of excessive social media use.

Schools can also play a critical role by encouraging students to participate in extracurricular activities, clubs, sports, and community service to promote in-person social interaction. Additionally, incorporating digital literacy education into curricula can teach students how to navigate social media in a healthy and productive way.

The Future of Social Media Regulation

Looking ahead, these TikTok lawsuits could signal a shift toward more rigorous social media regulations. Calls for transparency and tighter controls over user data and safety features may shape the future landscape of digital platforms. This inquiry into TikTok may also inspire other states to evaluate and question the safety standards of social media platforms.

In June 2024, New York’s governor enacted a law aimed at regulating social media algorithms. This law mandates that platforms present content chronologically to users under 18, potentially forcing TikTok to revise its operational methods. Similar legislation could be introduced in other states, leading to a more comprehensive regulatory framework for social media platforms.

The ongoing legal challenges may prompt social media companies to proactively implement stronger safety measures and more transparent practices. This could include clearer warning labels about potential negative impacts, improved parental controls, and more robust age verification processes.

Reshaping the Digital Landscape: The TikTok Lawsuit’s Far-Reaching Impact

The multi-state legal challenge against TikTok highlights the ongoing struggle between technological innovation and youth protection policies. As these lawsuits unfold, the resolution will not only determine the future of TikTok but may also reshape the entire social media landscape, emphasizing the significant need for user accountability and robust regulatory frameworks.

The balance between user engagement and safety will play a key role in the evolving relationship between technology and society. While social media platforms like TikTok offer benefits, including connectivity and creative expression, it is clear that more needs to be done to protect young users from potential harm.

 

Second class action filed in response to natural gas outage

A second potential class action lawsuit has been filed on behalf of about 1,100 Charleston-area customers who lost natural gas service over the weekend.

The plaintiffs in this case – Thomas Tolliver and Bailes Glass Co. – filed their complaint November 15 in Kanawha Circuit Court against West Virginia-American Water Company and Mountaineer Gas Company. Both plaintiffs are based on Charleston’s West Side, which is where a high-pressure water line suffered a break November 10.

The force of the water from the leak pierced a main gas line, sending thousands of gallons of water through the system. Mountaineer Gas officials say it could take a week or more to clear the water out of the gas lines.

“There is no other explanation or accounting for this disastrous event other than the gross negligence of WVAWC and MGC,” the complaint states.

Unlike the first complaint filed November 14, the latest one demands injunctive relief prohibiting WVAWC and MGC from seeking a rate increase to pay for damages.

“If a rate increase were to be allowed, such action and cost to plaintiffs and others similarly situated would constitute a ‘double whammy’ on plaintiffs and the class in that they would be paying at least twice for the wrongs caused by the defendants,” the complaint states.

Attorney Anthony Majestro explained the rationale behind that request.

“This is clearly the fault of the utilities,” Majestro told The West Virginia Record. “They shouldn’t be able to transfer that liability back to the people who have suffered in the form of higher rates.

“We appreciate the efforts of the gas company to restore service as soon as possible. But what they aren’t doing is providing for the people who are suffering nightly temperatures in the 30s in the middle of winter because of their negligence.”

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Judge rules candidate ineligible in competitive GOP Senate primary

A judge has ruled a candidate in a competitive GOP Senate race is ineligible because she just recently moved back to West Virginia after many years out of state.

Kanawha Circuit Judge Duke Bloom issued the ruling this afternoon, declaring that political newcomer Andrea Kiessling, a 35-year-old living in Spencer, is ineligible.

The judge based that on a state constitutional requirement that political candidates be residents of the state five years prior to running for office. Until the last couple of years, Kiessling voted, paid her taxes and was licensed to drive in Charlotte, North Carolina.

Bloom ordered the Secretary of State to withdraw Kiessling’s certificate of candidacy and for votes for Kiessling not to be counted. Clerks in the district are supposed to post signage in polling place doors stating that Kiessling isn’t eligible.

The Secretary of State’s Office intends to adhere to the ruling and will call an emergency meeting of the State Elections Commission to comply, said Mike Queen, spokesman for the office.

After Bloom’s ruling was filed, the lawyer for Kiessling asked for a stay and the judge denied it. The next possibility is going to the state Supreme Court.

“The Court finds that Respondent has demonstrated little likelihood of success on appeal,” Bloom wrote. “Further, the Court finds that third parties will be greatly prejudiced by issuance of a stay, as early voting has already begun and Respondent Kiessling would remain on the ballot despite being found to be ineligible.”

Kiessling posted a video to say she doesn’t believe the challenge is over.

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Ousted GOP Chair Cornelius Prevails In Court

Nearly three years after being removed from his positions, Rob Cornelius, the former chairman and elected member of the Wood County Republican Executive Committee, got his day in court Thursday.

Kanawha County Circuit Court Judge Joanna Tabit ruled Thursday in favor of Cornelius after he filed suit over his removal from the Wood County Republican Executive Committee by former West Virginia Republican Executive Committee Chairwoman Melody Potter in 2019.

“The removal process was fundamentally, in my view, unfair,” Tabit said. “It was fundamentally unfair because it subverted the intention of the voters of Wood County. I don’t think it is appropriate for a party chairperson to unilaterally remove an elected official from office when the voters of Wood County have elected that official through the democratic process. That, in my view, is problematic.”

Tabit held a virtual hearing Thursday afternoon in Cornelius’ case against Secretary of State Mac Warner and Potter.

Tabit’s ruling restores Cornelius as a member of the county committee and as chairperson. Tabit also ordered the Secretary of State to accept a list of county executive committee members submitted by Cornelius after Potter made changes to the committee’s membership.

“We need to remove that list that has been submitted to the Secretary of State because I don’t believe that list was proper because there wasn’t proper procedure that was followed,” Tabit said.

“Mr. Cornelius should be reinstated to the executive committee and was duly voted as chair of the executive committee by those members of the Wood County executive committee, the previous members — those members that were elected in 2018 — and I think that is what needs reflected on the website,” Tabit continued.

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Opioid trial finally starts next week, with Gupta’s testimony still being debated

All eyes are on the city of Huntington and Cabell County after a landmark trial, the first of its kind, started Monday in Charleston in a case the government filed against drug distributors they accuse of helping to fuel the drug epidemic.

The lawsuits, filed in March 2017, allege that AmerisourceBergen Drug Co., Cardinal Health Inc. and McKesson Corp. — dubbed the “Big Three” ahead of trial — hold some responsibility for the drug crisis after more than 80 million doses of opioid medication were sent to the area in an eight-year period.

The city and county are seeking damages and reimbursement for costs associated with past and future efforts to eliminate the hazard. They argue that the wholesalers failed to follow a duty under federal law to monitor, detect, investigate, refuse and report suspicious orders of prescription opiates in the county.

The civil trial is the first of its kind in a complex group that includes more than 2,000 plaintiffs with the same argument. Summit and Cuyahoga counties in Ohio settled for $215 million in 2019 on the eve of their trial against the same companies, but the rest of the cases were placed on hold because of the COVID-19 pandemic.

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Huntington, Cabell County trial against distributors begins

A landmark federal trial about how a flood of prescription pills affected West Virginia communities will start next week.

“I’ll see everybody Monday,” U.S. District Judge David Faber told lawyers on all sides at the end of a status hearing today.

Faber will be presiding over a bench trial about how much wholesalers McKesson, Cardinal Health and AmerisourceBergen should be accountable for the costs of opioid addiction in West Virginia communities.

The wholesalers deny wrongdoing.

The plaintiffs include the Cabell County Commission and City of Huntington, which contend the companies compounded the drug crisis by saturating the region with shipments of prescription painkillers.

The lawsuit, filed in 2017, blames the “Big Three” for fueling the crisis by distributing nearly 100 million opioid pills in Cabell County over a 10-year period.

The case was part of a group of similar cases being considered in federal court in Cleveland but was released back to U.S. District Court in West Virginia’s Southern District in late 2019. The trial’s initial start date was delayed while the coronavirus pandemic was at its worst.

On Wednesday, Judge Faber assured the case will actually go to trial by denying motions for summary judgment.

A hearing this morning dealt with some of the ground rules of the trial.

Faber said it will begin at 9:30 a.m. Monday. The judge set guidelines of three hours of opening statement for each side.

On the days after that, the judge anticipates starting at 9 a.m. and going until noon. The trial would then resume each day at 2 and go to 5 p.m.

Faber has already set a limit of 30 people in the courtroom because of ongoing precautions from the covid-19 pandemic. That will limit attendance to the judge, lawyers, court officials and witnesses. An overflow courtroom is being set up for media and members of the public.

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