Johnson & Johnson has agreed to pay $40.5 million to settle New Hampshire’s claims about the company’s role in the opioid epidemic, putting an end to a trial that was set to begin next week.
The agreement reached on Thursday resolves a lawsuit filed in 2018 against Johnson & Johnson and its Janssen Pharmaceuticals unit.
In New Hampshire, they were accused of aggressively marketing opioids to doctors and patients, misrepresenting that the drugs were rarely addictive when used to treat chronic pain, and preying on vulnerable groups such as the elderly.
“This resolution is a positive step forward in ensuring that these destructive business practices are not repeated,” said Governor Chris Sununu in a statement.
After paying legal fees, New Hampshire will put $31.5 million toward opioid abatement, and Johnson & Johnson will be barred from selling or promoting opioids in the state.
The trial was set for September 7 in Merrimack County Superior Court.
Johnson & Johnson issued a statement in which it denied wrongdoing and called its marketing and promotion of prescription opioids “appropriate and responsible.”
The New Brunswick, New Jersey-based pharmaceutical company also stated that it will defend itself in other pending opioid litigation.
New Hampshire was one of a few states that did not participate in Johnson & Johnson’s portion of the $26 billion nationwide opioid settlement reached in February with the company and the three largest U.S. drug distributors, hoping to recover more by suing on its own.
Because New Hampshire did not participate in the settlement, Johnson & Johnson expects to be reimbursed $1.5 million.
More than 500,000 people have died from opioid overdoses in the United States over the last two decades, including a record 75,673 in the fiscal year ending April 2021, according to government data.