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.